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

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

For detailed information on the investigation process, see Practice Note: EU investigation process. For a flowchart setting out the different stages of a Commission investigation, see EU investigations—steps in investigations–flowchart.

Third party complaints

Third parties impacted by alleged anti-competitive behaviour may make a complaint to the Commission which may lead to an investigation being launched.

There

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