EU antitrust procedure

Investigation process

The European Commission investigates evidence or allegations of anti-competitive behaviour contrary to Articles 101 or 102 of the Treaty on the Functioning of the European Union (TFEU) by companies that has an impact in more than one EU Member State.

Investigations can generally start in one of four ways:

1. •

   a party involved in any wrongdoing blowing the whistle

2. •

   a complaint from a third party

3. •

   the Commission receiving general market intelligence suggesting a breach of competition law, and

4. •

   the Commission discovering alleged breaches of competition law during a sector inquiry

The Commission has broad investigative powers to review suspected anti-competitive conduct. Among other powers, the Commission has the power to conduct unannounced inspections at the premises of any undertaking located in the European Economic Area (EEA). See Practice Note: European Commission’s powers of inspection (dawn raids).

Investigations follow a set process and ensure that companies under investigation have the opportunity to defend themselves. See Practice Note: Rights of defence in European Commission competition proceedings. Investigations can take several years to complete.

For detailed information on the investigation