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:

•
a party involved in any wrongdoing blowing the whistle
•
a complaint from a third party
•
the Commission receiving general market intelligence suggesting a breach of competition law, and
•
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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest EU Law News

Commission publishes FAQ on health technology assessment regulation implementation

The European Commission has published guidance clarifying the implementation of Regulation (EU) 2021/2282 on health technology assessment (HTA). The FAQ document outlines the conditions under which products are subject to JCA, including those with new active substances for cancer treatment and advanced therapy medicinal products, starting from 13 January 2025. The regulation follows a stepwise approach, expanding to orphan medicinal products in 2028 and all relevant products by 2030. Applications must comply with Article 8(3) of Directive 2001/83/EC, excluding generics, biosimilars and other simplified procedures.

Council of the EU adopts position on CAP simplification package

The Council of the EU has adopted its position on the Commission’s ‘Omnibus III’ legislative package, aimed at simplifying the Common Agricultural Policy (CAP) to enhance the competitiveness of European agriculture. The package amends the key CAP regulations to reduce administrative burdens, improve support for small and organic farms, and streamline compliance procedures. The Council endorsed measures expected to generate annual savings of up to €1.6bn for farmers and over €200m for national administrations, while also introducing greater flexibility for member states, enhanced risk management tools, and increased advance payments for farmers affected by crises. Negotiations with the European Parliament will follow once it adopts its position, with the initiative forming part of a broader EU strategy to reduce regulatory burdens and improve operational conditions across sectors.

MedTech Europe position paper calls for CSDDD and CSRD simplification

MedTech Europe has published a position paper on the proposed revisions to the Corporate Sustainability Due Diligence Directive (CSDDD) and the Corporate Sustainability Reporting Directive (CSRD). MedTech supports confining due diligence obligations to Tier 1 suppliers and welcomes the elimination of the harmonised EU civil liability regime. Additionally, MedTech advocates for the extension of monitoring periods from 12 months to five years, capping penalties to 5% of turnover, and maintaining limited assurance requirements under the CSRD. Overall, the paper seeks to reduce administrative burdens while ensuring that sustainability reporting frameworks remain effective.

EU Law weekly highlights—4 September 2025

This week's edition of EU Law weekly highlights includes analysis of the International Court of Justice’s first advisory opinion on climate change. In addition this week, leading AI companies have been presented with the preliminary findings of expert reports that will inform a voluntary EU code of practice on labelling AI-generated content under the EU AI Act, the European Commission launched consultations on an EU Electrification Action Plan, an EU Heating and Cooling Strategy, and implementing rules supplementing the EU Carbon Border Adjustment Mechanism Regulation, and the Commission's Directorate-General for Climate Action published three reports examining the design of an EU-wide purchasing programme for permanent carbon dioxide removals. Finally, MedTech Europe has published a position paper proposing reforms to simplify EU digital legislation for medical devices and the Commission launched a new voluntary Code of Conduct for Online Ratings and Reviews for Tourism Accommodation.