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.

Chocolate - Image by jacqueline macou from Pixabay

The Commission’s concerns are 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 says it 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.

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 says it respects the rights of defence, in particular the right of companies to be heard in antitrust proceedings.

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.

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