Cartel Enforcement

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On 9 July 2025, the General Court of the European Union delivered its judgment in Case T-188/24 Michelin, addressing the scope of the European Commission’s powers to conduct on-site inspections (so-called dawn raids) under EU competition law. The Court broadly confirmed the Commission’s powers but sided with the claimant in partially annulling the Commission’s inspection decision, highlighting the requirement for a sufficient statement of reasons before the Commission may search companies’ premises. This judgement also gives insights into the European Commission’s increased efforts to uncover anticompetitive conduct ex officio in the context of a significant reduction of immunity/leniency applications. Continue Reading Fishing Expedition or Legitimate Dawn Raid? The Latest on European Commission’s Cartel Enforcement and Dawn Raids from the EU’s General Court

Congress recently took two steps towards incentivizing private participation in federal cartel enforcement:  the permanent adoption of ACPERA, and enactment of the Criminal Antitrust Anti-Retaliation Act.  While now companies may have permanent incentives to self-report cartel activity, and whistleblowing employees may be better protected from employer retaliation, no surge in individual cartel reporting should be expected absent direct whistleblower financial incentives, such as found in other federal enforcement regimes.
Continue Reading Congress Misses Opportunity to Bolster Flagging Cartel Enforcement through Whistleblowers