The European Commission has carried out surprise antitrust inspections (dawn raids) in two EU Member States at the premises of a company active in the chocolate confectionery sector.
The Commission has stated that it has concerns the inspected company may have breached EU competition rules, including:
- The prohibition on cartels and restrictive business practices (Article 101 TFEU)
- By abusing a dominant market position (Article 102 TFEU)
In particular, the investigation is focused on whether the company has been dividing up the EU market in ways that limit how and where its products are sold. This includes potential restrictions on cross border sales between Member States and practices that make it harder for customers to purchase products across multiple countries. The concern is that such arrangements could weaken competition and undermine the EU Single Market.
Dawn raids are a preliminary step in the Commission’s investigation into whether the inspected company has engaged in practices that may infringe EU competition law. The Commission has not identified the company concerned, and the inspections do not indicate that any infringement has occurred or prejudge the outcome of the investigation. There is also no fixed timetable for the completion of the Commission’s inquiries.
The Commission has investigated anti-competitive conduct in relation to chocolate before, finding Mondelez E337.5m in 2024 for restricting cross border sales of chocolates, biscuits and coffee. Mondelez isn't believed to be the company under scrutiny this time around, and the Commission confirmed at the time of that fine that more cases were “in the pipeline”.
The raids point to the Commission’s continued focus on competition compliance in consumer goods supply chains and determination to crack down on practices that harm the single market.
*STOP PRESS* Ferrero confirmed raids occurred at two of its EU sites.
How we can advise you
Our competition team supports businesses across the food and agriculture supply chain with dawn raid preparedness, including tailored dawn raid policies and response plans; staff training and simulation exercises; and immediate support during live inspections.
We also offer a dedicated Dawn Raids App which provides practical, step by step guidance for employees during a dawn raid, alongside direct access to expert legal support.
If you would like to review your readiness, arrange training, or learn more about our Dawn Raids app, please contact our competition team. Being prepared can make a critical difference during the first few hours of an inspection.
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