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