The European Commission has decided to close its antitrust investigation into allegations of collusion between the French retail groups Casino Guichard-Perrachon (“Casino”) and Les Mousquetaires (“Intermarché”).
Following unannounced inspections at the premises of the companies in 2017 and 2019, the Commission opened a formal investigation procedure in November 2019 to determine whether the two French retail groups coordinated their retail activities through their joint central purchasing body (the “INCAA” alliance), in violation of EU antitrust rules. The Commission was particularly concerned about the fact that Casino and Intermarché went beyond the objective of the alliance by coordinating the development of their store networks and their pricing policy towards consumers.
On 9 March 2023, the Court of Justice of the European Union annulled, on procedural grounds, the Commission’s 2017 decisions ordering the unannounced inspections. Following the cancellation, the Commission decided to close its investigation.
The termination of the investigation does not constitute a finding that the conduct at issue is in line with EU competition rules. The Commission will continue to monitor business practices in the retail sector, including the operation of buying alliances between retailers.
Further information on this investigation is available under number AT.40644 in the public register of competition cases on the Commission’s competition website.