The European Commission opens formal antitrust investigation into Red Bull for exclusionary abuse

Background

On 20 March 2023, the European Commission (EC) conducted unannounced inspections at the premises of Red Bull in several EU Member States. These inspections were prompted by concerns that the company may have breached EU antitrust rules, specifically those prohibiting cartels and restrictive practices under Article 101 of the Treaty on the Functioning of the European Union (TFEU), and those prohibiting abuse of a dominant market position under Article 102 TFEU.

Formal investigation

After examining evidence from the inspections and other inquiries, the Commission decided to open a formal antitrust investigation into Red Bull’s conduct. On 13 November 2025, an official announcement was made that the Commission has indications that Red Bull “may have developed an EEA-wide strategy to restrict competition from energy drinks larger than 250ml, as regards sales in the ‘off-trade’ channel, i.e. sale points where the drinks are purchased for consumption elsewhere, like supermarkets and petrol station shops”.

According to the Commission’s press release, Red Bull appears to hold a strong market position in certain countries. Notably, the Netherlands is cited as a market where Red Bull “appears to hold a dominant position on the national market” in the supply of branded energy drinks.

Alleged anti-competitive practices

The Commission is examining whether Red Bull implemented the suspected strategy “at least in the Netherlands” through two types of potentially anti-competitive practices.

• The first type of practice concerns exclusive incentives to the ‘off-trade’ channel to stop selling or disadvantage competing energy drinks, Red Bull allegedly granted monetary and non-monetary incentives to its off-trade customers (for example supermarkets, petrol station shops) to induce them to delist or disadvantage competing energy drinks that come in cans exceeding 250ml.
• The second type of practice concerns misusing its position as category manager.In category management agreements, a retailer entrusts a leading supplier with advising on how to organize shelf space. Acting as a category manager covers not only the supplier’s products, but also the competitors’ products. The Commission adds that it concerns its first formal investigation into a potential abuse relating to the misuse of a category management position by a supplier to limit or disadvantage competing products.

The Commission is now conducting an in-depth investigation to determine whether the practices occurred and, if so, whether they constitute a breach of Article 102 TFEU and Article 54 of the EEA Agreement. The opening of the investigation does not imply a finding of infringement. Red Bull retains the right to access the case file, respond to the allegations, and present its defense in accordance with EU procedural rules. The Commission has stated that the Red Bull investigation will be treated as a matter of priority, though no specific timeline has been set for its conclusion.

Should the Commission ultimately determine that Red Bull violated EU competition law, it may impose fines of up to 10% of the company’s global turnover and require remedial measures. Conversely, if the evidence does not support the allegations, the case may be closed without further action.

Related national developments

In parallel, national authorities have undertaken their own competition inquiries. In September 2025, the Netherlands Authority for Consumers and Markets (ACM) launched a market investigation into grocery pricing in Dutch supermarkets. This initiative was prompted by reports of higher food prices in the Netherlands compared to neighboring countries and extensive discussions in Parliament. The ACM is examining supply chain dynamics, including supplier and retailer profit margins and cross-border price differences, to identify potential competition issues.

Although separate in scope, the ACM’s investigation aligns with broader regulatory efforts to ensure competitive market conditions in sectors directly affecting consumers. Both the Commission’s Red Bull inquiry and the ACM’s supermarket pricing investigation reflect a shared concern for maintaining well-functioning markets and protecting consumer welfare.

Our specialists closely monitor the ACM’s and the European Commission’s enforcement actions in the food and beverage sector. In recent months, both regulators have intensified their scrutiny of pricing and competition practices, with the Commission launching a formal antitrust investigation into Red Bull and the ACM initiating a market study into supermarket pricing. These developments reflect a broader regulatory focus on maintaining competitive conditions in consumer-facing markets.