Preliminary investigations and unannounced inspections of companies operating in the soft drinks and personal care sector in several EU countries

Brussels: Europe and Arabs
The European Commission is conducting unannounced inspections on the premises of companies operating in the non-alcoholic beverages sector in several Member States. In parallel, the Commission has sent an official request for information to a company operating in the personal care sector. According to a statement issued by the European Union's executive in Brussels, "The Commission is concerned that the companies concerned may have violated EU antitrust rules prohibiting cartels, restrictive practices and abuse 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 trade in goods in the single market and market segmentation. The investigations relate to conduct that may still be ongoing and involve several Member States.
Commission officials were accompanied by their counterparts from national competition authorities.
Unannounced inspections are a preliminary investigative step into suspected anti-competitive practices. The fact that the Commission carries out such inspections does not mean that companies are guilty of anti-competitive behaviour, nor does it prejudge the outcome of the investigation itself. The Commission respects the rights of the defence, in particular the right of companies to be heard in antitrust proceedings.
Information requests under Article 18(3) of Regulation (EC) No. 1/2003 are another means of collecting information on of suspected anti-competitive practices. Companies are obliged to provide a full response to the request within the timeframe set by the Commission.

There is no statutory deadline for completing investigations into anti-competitive behaviour. 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 their defence rights.
Under the Commission’s leniency scheme, companies that have engaged in a secret cartel may be granted immunity from fines or substantial reductions in fines in exchange for reporting the behaviour and cooperating with the Commission throughout the investigation. Individuals and companies can report any monopolistic or other anti-competitive behaviour anonymously through the Commission’s whistleblowing tool. Further information on the leniency scheme and the Commission’s whistleblowing tool is available on the Directorate-General for Competition’s website.

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