The European Commission has launched an antitrust investigation into the energy drink manufacturer Red Bull. About this reportedon the EC website.
The Commission is investigating whether the company unlawfully restricted competition in the market, in particular for energy drinks larger than 250 ml sold in supermarkets and petrol station shops. According to the EC, Red Bull may have encouraged outlets not to sell or to make competitors’ drinks less prominent, and used its position as a “category manager” to restrict the sale of other manufacturers’ products.
“We want to find out whether these practices may be driving up prices and limiting the choice of energy drinks for consumers.”, – said EU Competition Commissioner Teresa Ribera.
She noted that the investigation is part of the EC’s ongoing work to ensure compliance with competition rules in food supply chains.
This is the first official investigation in the EU into possible abuse of the role of category manager to discriminate against competitors. If the allegations are confirmed, Red Bull’s actions would violate EU rules on the prohibition of abuse of a dominant position.
As a reminder, in March 2023, the European Commission conducted unscheduled inspections at Red Bull’s headquarters and a number of its subsidiaries in the EEA. Additional inspections were carried out in Brussels in June and in August-September 2023.
Red Bull challenged the European Commission’s actions in court, but the courts rejected the complaints, finding the inspections lawful. The company is also challenging the EC’s decision to cover additional costs related to the extension of the audit in Brussels; the review of this appeal is ongoing.
