A European investigation, surprise inspections, and suspicion of restrictions on competition in the single market: Ferrero comes under Brussels’ scrutiny. The Alba-based group confirmed the checks and assures full cooperation, while the Commission clarifies that this is a preliminary phase that does not imply any guilt.
THE EU COMMISSION RAID
Yesterday, European Union officials conducted inspections at Ferrero’s offices as part of an investigation into possible violations of antitrust rules in the confectionery sector. The intervention, initiated without prior notice, was confirmed by the Piedmontese company itself following rumors that emerged in the previous days.
“Ferrero is aware that, these days, officials from the European Commission are conducting on-site inspections at its offices,” the group stated, also specifying that it “is fully cooperating and providing the requested information.”
WHAT BRUSSELS SUSPECTS
Last Monday, the Financial Times reported that the European Commission had announced “surprise antitrust inspections in two EU countries at the premises of a company active in the chocolate-based confectionery sector,” without directly naming Ferrero. Confirmation came yesterday when the Nutella producer declared awareness of the inspection activities.
According to Brussels, the suspicion is that “the inspected company may have violated EU antitrust rules prohibiting cartels and restrictive commercial practices, as well as abuses of a dominant market position, pursuant to Articles 101 and 102 of the Treaty on the Functioning of the European Union.”
FOCUS ON THE SINGLE MARKET AND CROSS-BORDER SALES
At the heart of the investigation are possible limitations on the free movement of products within the single market. In particular, the Commission “is investigating a possible market segmentation in the form of restrictions on the trade of goods between Member States within the single market and obstacles to cross-border purchases.”
A hypothesis that, if confirmed, could constitute a restriction of competition among EU countries through mechanisms capable of limiting sales or conditioning the distribution of confectionery products.
A PRELIMINARY PHASE OF THE INVESTIGATION
Unannounced inspections represent the formal first step of the European inquiry. The Commission, recalls Milano Finanza, emphasized that “unannounced inspections constitute a preliminary phase of the investigation into alleged anti-competitive practices. The fact that the Commission carries out such inspections does not imply that the company is guilty of anti-competitive behavior, nor does it prejudice the outcome of the investigation itself.”
At the same time, there is no defined timeline for the conclusion of the procedure. “There is no legal deadline for the completion of the investigations,” Brussels specified, highlighting how the duration depends on the complexity of the case, the level of cooperation of the companies involved, and respect for defense rights.
FERRERO’S LATEST ACQUISITIONS
The European inspection comes at a time of international expansion for Ferrero. Over the past year, in fact, the group has strengthened its presence in North America with the acquisition of the US-based WK Kellogg, a $3.1 billion deal that expanded the industrial scope beyond the confectionery sector.
The integration brought under the same group chocolate and biscuit brands such as Raffaello and Butterfinger alongside historic breakfast products like Kellogg’s Cornflakes and Froot Loops, consolidating a strategy of product diversification.
THE MONDELEZ PRECEDENT
But the recent European context already records significant interventions in the sector. In 2024, for example, the Commission imposed a €337 million fine on Mondelez, Ferrero’s main competitor, for anti-competitive practices.
The group, known for brands such as Cadbury and Oreo, was found responsible for hindering cross-border trade of products like chocolate, biscuits, and coffee, violating the Union’s competition rules. Among the contested behaviors were restrictions on resale territories imposed on distributors and the application of higher prices on products destined for export.
