Digital-Era Dawn Raids and Proportional Enforcement Approach

Dawn raids remain a cornerstone of competition law enforcement, yet their execution has grown complex in the digital era. Messaging platforms and remote devices increase the risk of on-site deletions, prompting authorities in Türkiye and the EU to adopt a strict-liability stance: any deletion after inspections begin is treated as obstruction per se, regardless of intent, recoverability or probative loss. While this maximises deterrence, it raises concerns of proportionality, privacy and legal certainty. This article argues that enforcement can remain effective and proportionate by shifting towards a harm-sensitive model. Drawing on Turkish and EU decisions, it highlights outlier cases in which penalties were reduced or waived, interpreting them through Strasbourg jurisprudence on foreseeability, necessity, and privacy. It advances a proportional enforcement approach structured around four factors: foreseeability and scope control, privacy safeguards, probative loss, and corporate posture, enabling calibrated penalties while preserving deterrence and aligning dawn-raid enforcement with fundamental rights.