Commission carries out unannounced antitrust inspections in the chocolate confectionery sector

The European Commission is carrying out unannounced antitrust inspections in two Member States at the premises of a company active in the chocolate confectionery sector.

The Commission has concerns that the inspected company may have violated EU antitrust rules that prohibit cartels and restrictive business practices, as well as abuses of a dominant market position (Article 101 and Article 102 of the Treaty on the Functioning of the European Union).

In particular, the Commission is investigating possible market segmentation in the form of restrictions on the trade of goods between Member States in the Single Market and obstacles to multi-country purchases.

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 company is 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.

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 parties' exercise of their rights of defence.

The Commission has set up a tool to make it easier for individuals or companies to alert it about anticompetitive behaviour while maintaining their anonymity. This tool protects whistleblowers' anonymity through a specifically-designed encrypted messaging system that allows two-way communications. The tool is accessible via this link.