EU behavioural investigations

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This Overview guides practitioners to the key materials and analysis on EU behavioural investigations, with links to legislation, guidance and case law. Behavioural enforcement is the core of EU competition law, addressing cartel conduct under Article 101 TFEU and unilateral conduct under Article 102 TFEU. Investigations are led by the European Commission (DG Competition) under Regulation 1/2003, within the European Competition Network alongside national authorities.

Practitioners need to understand case allocation and cooperation in the ECN, investigative powers (requests for information and inspections), and procedural milestones from the opening of proceedings and the statement of objections to the final decision. The Overview explains rights of defence, access to file, confidentiality and legal professional privilege, the role of the Hearing Officer, and judicial review before the General Court and Court of Justice, including the EU Courts’ unlimited jurisdiction over fines. It covers commitments under Article 9, infringement decisions under Article 7, settlements in cartel cases, and the Commission’s leniency policy.

Practical topics include managing dawn raids, document production, data handling and interviews, as well as non - compliance risks and limitation periods. The Overview also signposts the Commission’s...

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