Ferrero faces EU antitrust audit

Paris, France - February 22, 2012: Jar of Nutella Hazelnut on a bokeh background. Nutella is the brand name of a chocolate hazelnut flavored sweet spread by the Italian company Ferrero.
The Nutella, Kinder and Tic Tac maker is undergoing EU inspections. (Image: Getty/AlinLyre)

Investigators are conducting an audit at the offices of chocolate manufacturer, Ferrero.

This follows a statement from the European Commission on Monday that it is carrying out an unannounced antitrust audit in two Member States at an unnamed confectionery firm.

The Commission said it has “concerns the company may have violated EU antitrust rules that prohibit cartels and restrictive business practices, as well as abuses of a dominant market position”.

In particular, the investigation is looking at “possible market segmentation in the form of restrictions on the trade of goods between Member States in the Single Market and obstacles to multi-country purchases”.

A spokesperson for Ferrero told Food Manufacture: “Ferrero is aware that on-site inspections are currently taking place in its offices by European Commission officials.

“The Company is fully cooperating and providing the information requested.”

Such audits are a preliminary investigatory step into suspected anticompetitive practices; it does not mean the company is guilty of anticompetitive behaviour.

There is no legal deadline to complete inquiries into anticompetitive conduct; and their duration depends on a range of factors, such as the complexity of a case.

The European Commission has set up a tool to make it simpler for whistle-blowers about anticompetitive behaviour while maintaining their anonymity. It can be accessed here.