Michelin wins partial EU court victory in anti-trust case

Brussels – Michelin has won a partial annulment of the European Commission’s decision authorising antitrust inspections at its premises over suspected price-fixing, the EU’s General Court ruled on 9 July.

The Luxembourg-based court found the Commission lacked “serious enough indicia” to justify its investigation for the period before 16 January 2019. It annulled the inspection decision in so far as it covered that earlier period.

As a result, the Commission cannot use any evidence seized that relates to that timeframe.

The Court rejected Michelin’s other arguments seeking to annul the entire inspection decision, confirming the raids were lawful for the later period under investigation.

The ruling could limit the scope of the Commission’s ongoing cartel probe in the tyre sector and reduce the potential size of any fines.

The Commission was ordered to pay Michelin’s legal costs.

In early 2024, the Commission carried out unannounced inspections at the premises of a number of companies active in the tire industry citing potential violation of anti-trust rules.

At the time, the Commission said it was concerned that price coordination may have occurred “including via public communications”.

It described the unannounced inspections as a preliminary investigatory step that did not prejudge the outcome of the case.

There is no legal deadline for the Commission to complete its inquiries into alleged anti-competitive conduct, with the duration depending on factors such as case complexity and the level of cooperation from the companies involved.