EU investigations

The European Commission (Commission) investigates evidence or allegations of anti-competitive behaviour contrary to Articles 101 and/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.

Investigations follow a set process and ensure companies under investigation have the opportunity to defend themselves (see European Commission’s powers of inspection and the rights of defence). Investigations can take several years to complete.

During an investigation, the Commission may order interim measures pending the final decision to prevent immediate harm as a result of alleged anti-competitive behaviour (see EU antitrust investigation process—Interim measures).

Ultimately, if the Commission decides that competition law has been breached, it can impose large fines. Alternatively, commitments can be accepted where companies offer to change their behaviour going forward (commitments cannot, however, be accepted