When the European Commission opens an antitrust investigation, it is examining possible conduct—not announcing that a company has broken the law. Investigators may request information, inspect business premises and records, and question staff. If concerns persist, the Commission may issue a Statement of Objections, giving the parties an opportunity to see and answer the case before a decision. The matter can end in a formal infringement finding, accepted commitments without such a finding, or closure. Commission decisions can be challenged in the EU courts.
This guide covers Commission enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), as described in European Commission materials current to 9 October 2026. It does not cover merger-control reviews, state aid, or every other EU competition procedure.
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What happens when the European Commission opens an antitrust investigation?
Opening a probe starts an investigative process; it does not settle whether the conduct is unlawful. The Commission gathers and assesses evidence, identifies its concerns, and gives affected parties procedural opportunities to respond before deciding whether to take formal action. A public announcement that an investigation has opened should therefore be read as notice of scrutiny, not as proof of an infringement or a prediction of the result.
The process described here concerns possible infringements of Article 101 or Article 102 TFEU. Article 101 addresses anticompetitive agreements or conduct. Article 102 addresses abuse of a dominant position. These are distinct legal questions, even though an investigation under either provision can involve evidence gathering, a Statement of Objections, and a Commission decision.
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How can a case come to the Commission’s attention?
The route depends in part on which legal provision is being examined. The Commission lists complaints, whistleblower reports, sector inquiries, and investigations on its own initiative among possible routes. For Article 101 cases, it also lists leniency applications. A leniency application is a route associated with cartel enforcement; it is not listed as a starting route on the Commission’s Article 102 investigations overview.
An investigation launched ex officio is one the Commission starts on its own initiative. The lead may come from public information or market monitoring, a national or third-country competition authority, an informal complaint, cooperation with other enforcers, or another investigation. A complaint or lead can prompt scrutiny without establishing that the alleged conduct occurred or infringed EU competition rules.
What is the difference between an Article 101 and Article 102 investigation?
Article 101: possible anticompetitive agreements or conduct
An Article 101 investigation examines whether agreements or conduct may restrict competition. The Commission’s listed entry routes include a leniency application, complaint, whistleblower report, ex officio investigation, or sector inquiry. The precise legal assessment depends on the conduct and evidence in the case; the fact that a complaint has been made does not resolve that assessment.
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For an Article 102 case, the Commission says it first defines the relevant product and geographic markets and assesses whether the undertaking is dominant. It then examines whether the conduct amounts to an abuse. The Commission’s examples of conduct that may raise concerns include exclusive purchasing, predatory pricing, refusing to supply an indispensable input, and excessive prices.
Dominance alone is not the infringement. The question is whether a dominant undertaking abused its position. Market definition, dominance, and the assessment of the conduct are separate parts of the analysis; an investigation into one does not, by itself, establish the others.
What powers does the Commission use to gather evidence?
The Commission identifies Regulation 1/2003 as the source of its investigative powers. Its investigative measures include requests for information under Article 18 and inspections under Article 20. The ex officio procedure also lists taking statements under Article 19. Which measures investigators use depends on the case; opening a probe does not mean every listed measure will be used.
Requests for information
An Article 18 request is a formal means of seeking information. It can form part of the evidence-gathering stage while the Commission investigates possible conduct. A request is not itself a decision that the recipient has infringed competition law.
Inspections: can the Commission enter a company’s offices?
Yes. Under the inspection powers described in the Commission’s Article 102 overview, investigators may enter business premises, examine and copy business records, seal premises or records, and ask staff or representatives questions about the purpose and subject matter of the inspection. These are investigative powers under Article 20 of Regulation 1/2003, not a final finding of wrongdoing.
An inspection can be disruptive and may take place before the Commission has reached a final conclusion. The Commission’s description of the powers explains what investigators may do; it does not mean that every inspection includes every measure. The subject matter and purpose of the inspection are part of the procedural information that should be communicated to the undertaking concerned.
Statements and procedural-status information
The Commission’s description of ex officio investigations includes taking statements under Article 19. Separately, the Hearing Officers’ information on the investigative phase says that an undertaking subject to an investigative measure under Chapter V of Regulation 1/2003 has a right to be informed of its procedural status: whether it is under investigation and, if so, the subject matter and purpose. The Hearing Officer can address a dispute about whether the undertaking was properly informed.
What does a Statement of Objections mean?
A Statement of Objections (SO) is a formal step that may follow an in-depth investigation if the Commission’s concerns persist. It sets out the Commission’s preliminary competition concerns and is sent to the companies addressed by it. It is not the final decision and does not itself establish an infringement.
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The SO marks a point at which the parties can respond to the Commission’s case and exercise rights of defence before the Commission decides what to do. A reader should distinguish three stages: the opening of an investigation, the Commission’s preliminary concerns in an SO, and a later decision that determines the outcome. None should be treated as interchangeable.
What rights do parties have after an SO?
Access to the investigative file
Parties addressed by an SO are entitled to access the investigative file. That access lets them examine evidence relevant to the Commission’s preliminary conclusions so they can prepare their response. It is not a public right to inspect the Commission’s entire case file, and it is not unrestricted: business secrets, other confidential information, and internal Commission documents are subject to protections.
Opportunity to be heard
SO addressees are also entitled to an oral hearing conducted by an independent Hearing Officer. The Hearing Officer handles procedural matters, organizes hearings, and safeguards the right to be heard and the rights concerning file access. These safeguards provide a way to address the Commission’s preliminary case before it reaches a decision; they do not predetermine the result.
In practical terms, the SO and the associated rights turn the Commission’s preliminary concerns into a case the addressees can examine and answer. The distinction matters: procedural rights belong to the parties addressed by the SO, while the public announcement of an investigation does not give the public access to the file.
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How can an EU antitrust probe end?
There is no rule that every investigation must end in a fine or an infringement finding. The Commission’s public procedures material says that after initial investigative work it may decide to pursue a case as a priority or close it. If it proceeds, the available routes include a prohibition decision or a commitment decision, each with a different legal effect.
Prohibition decision: a formal infringement finding
Under Article 7 of Regulation 1/2003, the Commission can formally find an infringement and require the parties to stop it. It can impose remedies and/or a fine. A prohibition decision is therefore different from an investigation opening or an SO: it is the Commission’s formal decision that an infringement occurred.
The Commission says its fining policy is intended to punish and deter and refers to the 2006 Fines Guidelines. There is no single fine amount that can responsibly be inferred from the fact that a probe has opened; any amount would depend on the case and a case-specific decision.
Commitment decision: binding commitments without an infringement finding
Under Article 9 of Regulation 1/2003, companies may offer commitments intended to address the Commission’s concerns. The Commission has discretion over whether to accept them. If it does, the commitments become binding, but the decision does not establish that the companies infringed competition law.
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This route can resolve the Commission’s concerns without the formal infringement finding associated with an Article 7 prohibition decision. It is not the same as a declaration that no concerns existed: acceptance means the offered commitments address the concerns to the Commission’s satisfaction for purposes of that decision.
Closure without a final infringement decision
The Commission may close a case rather than pursue it to a final infringement decision. Closure should not be described as a penalty, nor does an investigation’s opening mean that a fine will follow. The Commission’s procedures distinguish preliminary investigation from any later formal decision.
Can a Commission decision be challenged?
Yes. Commission decisions are subject to judicial review under Article 263 TFEU in the EU court system, including the General Court and, ultimately, the Court of Justice. The Commission conducts the investigation and adopts the administrative decision; the EU courts review a challenge to that decision. Judicial review is distinct from the Commission’s own investigative and decision-making stages.
How long does an EU competition investigation take?
The Commission’s overview pages do not establish one general duration for Article 101 or Article 102 investigations. The materials describe procedural stages, powers, and possible outcomes, but they do not provide a standard timetable that can be applied to every probe. A particular case may move through the stages at a different pace, and opening an investigation does not by itself establish when it will end.
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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsThe Commission’s procedures manual is published in standalone modules. Its manual index lists modules on decision-making procedures dated May 2026, initiation of proceedings dated April 2025, and commitment decisions dated May 2026. Those module dates identify the versions listed in the index, not a deadline or predicted duration for an individual investigation.
How to read announcements at each stage
- Investigation opened: the Commission is examining possible conduct. It is not a finding of infringement.
- Statement of Objections issued: the Commission has set out preliminary concerns, and the addressees can access the file subject to protections and exercise their rights to respond and be heard.
- Article 7 prohibition decision: the Commission has formally found an infringement and may require it to stop, impose remedies, and/or impose a fine.
- Article 9 commitment decision: commitments accepted by the Commission are binding, but the decision does not establish an infringement.
- Case closed: the Commission has not taken the case to a final infringement decision; closure is one possible outcome of the process.
For the procedural framework, the European Commission’s Article 101 Investigations, Article 102 Investigations, and Ex officio investigations pages describe the routes into cases, evidence gathering, and outcomes. The Commission Hearing Officers’ pages on the investigative phase, access to the file, and main tasks explain relevant procedural safeguards. The Commission’s Antitrust and Cartels procedures materials distinguish this antitrust process from other competition procedures.
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