Investigative measures

Investigative measures

Investigative measures

Request for information may be addressed directly to companies based in the EFTA territory. The same format as for companies inside the EU can be used. The ESA shall receive a copy of such request or decision.

More about Investigative measures

The Commission can request the ESA to grant administrative assistance (article 8 of Protocol 23) and to conduct inspections in the EFTA territory. The ESA will organise such investigations/inspections in accordance with its own internal rules which mirror EU proceedings. Commission official have the right to take an active part in these investigations. The Commission can fully use the evidence obtained in this inspection. The ESA can likewise ask the Commission to organise an inspection on its behalf.

More about the Subject

The Commission must inform the ESA if it intends to carry out interviews pursuant to article 19 Reg. 1/2003 in the EFTA territory. The Commission shall also inform the ESA about inspections it intends to carry out in the EU (article 8 para. 5 of Protocol 23).

Other Considerations

All information obtained in such investigations is immediately transmitted to DG Competition by ESA.


See Also


  • Information about Investigative measures in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Investigative measures in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)


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