The European Commission is carrying out unannounced inspections at the premises of companies active in the non-alcoholic drinks sector in several Member States. In parallel, the Commission has sent out a formal request for information to a company active in the personal care sector.
The Commission has concerns that the companies concerned may have violated EU antitrust rules that prohibit cartels and restrictive practices, and abuses of a dominant position (Articles 101 and 102 of the Treaty on the Functioning of the European Union).
In particular, the Commission is investigating possible restrictions on the trade of goods in the Single Market and market segmentation. The investigations concern conducts that may potentially still be ongoing and involve several member states.
The Commission officials were accompanied by their counterparts from the relevant national competition authorities.
Background
Unannounced inspections are a preliminary investigatory step into suspected anticompetitive practices. The fact that the Commission carries out such inspections does not mean that the companies are guilty of anticompetitive behaviour, nor does it prejudge the outcome of the investigation itself. The Commission respects the rights of defence, in particular the right of companies to be heard in antitrust proceedings.
Requests for Information under Article 18(3) of EC Regulation 1/2003 are another way to gather information relating to suspected anticompetitive practices. Companies have an obligation to provide a complete reply to the request within the timeframe indicated by the Commission.
There is no legal deadline to complete inquiries into anticompetitive conduct. Their duration depends on a number of factors, including the complexity of each case, the extent to which the companies concerned cooperate with the Commission and the exercise of the rights of defence.
Under the Commission’s leniency programme companies that have been involved in a secret cartel may be granted immunity from fines or significant reductions in fines in return for reporting the conduct and cooperating with the Commission throughout its investigation. Individuals and companies can report cartel or other anticompetitive behaviour on an anonymous basis through the Commission’s whistle-blower tool. Further information on the Commission’s leniency programme and whistle-blower tool is available on DG Competition’s website.
