Commission carries out unannounced antitrust inspections in the data centre construction sector

The European Commission is carrying out unannounced inspections at the premises of companies active in the data centre construction sector. In parallel, the Commission has sent out formal requests for information to several companies active in the same sector.

The Commission has concerns that companies in the data centre construction sector may have violated EU antitrust rules that prohibit cartels and restrictive business practices (Article 101 of the Treaty on the Functioning of the European Union). The Commission is particularly investigating a possible collusion in the form of no-poach agreements. The Commission officials were accompanied by their relevant national competition authority counterparts.

Unannounced inspections are a preliminary investigatory step into suspected anticompetitive practices. The fact that the Commission carries out such inspections does not mean that the companies are guilty of anticompetitive behaviour nor does it prejudge the outcome of the investigation itself. The Commission respects the rights of defence, in particular the right of companies to be heard in antitrust proceedings.

There is no legal deadline to complete inquiries into anticompetitive conduct. Their duration depends on a number of factors, including the complexity of each case, the extent to which the companies concerned cooperate with the Commission and the exercise of the rights of defence.

Under the Commission’s leniency programme companies that have been involved in a secret cartel may be granted immunity from fines or significant reductions in fines in return for reporting the conduct and cooperating with the Commission throughout its investigation. Individuals and companies can report cartel or other anticompetitive behaviour on an anonymous basis through the Commission’s whistle-blower tool. This also applies to employees aware of no-poach agreements and/or wage-fixing practices between employers. Further information on the Commission’s leniency programme and whistle-blower tool is available on DG Competition’s website.

Source: European Commission