Antitrust Law Daily Wrap Up, ANTITRUST NEWS: EC confirms inspections regarding possible restrictions of online sales of consumer electronic products, (Dec 6, 2013)

The European Commission (EC) has confirmed today that, on December 3, Commission officials conducted unannounced inspections in several member states at the premises of several companies in the business of the manufacture, distribution, and retail sale of consumer electronic products and small domestic appliances. The EC was concerned that the companies may have violated European Union (EU) antitrust rules that prohibit anticompetitive agreements or concerted practices (Article 101 of the Treaty on the Functioning of the European Union (TFEU)). EU officials were accompanied during the inspections by the corresponding officials from the relevant national competition authorities.

The EC had grounds to suspect that the companies subject to the inspections may have put in place restrictions on the online sales of consumer electronic products and small domestic appliances. The restrictions, if proven, could lead to higher consumer prices or the unavailability of products through certain online sales channels.

Such unannounced inspections are a preliminary step by the EC into suspected anticompetitive practices. The fact that the Commission carried out the inspections did not mean that the companies were guilty of anticompetitive behavior or prejudge the outcome of the investigation itself. The EC stated that it respects the rights of defense, in particular the right of companies to be heard in antitrust proceedings.

The Commission did not make public the names of the companies inspected at this stage.

The EC clarified that there is no legal deadline to complete inquiries into anticompetitive conduct. The duration of the investigation depends on a number of factors, including the complexity of each case, the extent to which the companies concerned cooperate with the EC, and the exercise of the companies’ rights of defense.

News: Antitrust