EU antitrust procedure

Investigation process

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

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

Investigations follow a set process and ensure 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 process, see Practice Note: EU investigation process. For a flowchart setting

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MedTech Europe leads industry call for EU to provide medical device regulatory relief by early 2026

MedTech Europe, together with 35 national associations, has urged the European Commission to take swift action on regulatory challenges affecting the medical device and diagnostic sectors. While EU officials are already collecting evidence to support future reforms of the medical device and in vitro diagnostic regulations, which are meant to simplify and improve efficiency, the signatories of the open letter argue that immediate relief is also essential. They call for a combination of short-term measures alongside longer-term legislative reforms. In particular, the letter asks for an implementing act to standardize the work of notified bodies, pilot projects for regulatory pathways covering orphan, pediatric, and breakthrough devices, and a targeted delay of re-certification requirements for certain products. According to MedTech Europe, harmonizing rules for notified bodies would help reduce duplication, speed up assessments, and ease the overall regulatory burden. The proposed postponement of re-certification deadlines is seen as necessary to avoid bottlenecks that could disrupt the supply of devices ahead of 2028. Looking further ahead, the associations want amendments to both MDR and IVDR that reflect the specific needs of each sector, alongside the creation of a single governance structure to oversee notified bodies and the CE-marking system, which they consider vital to the future of European medical technology regulation.

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