European Commission has formally opened up an antitrust investigation into Red Bull GmbH for illegally restricting competition in breach of EU competition rules.
While it is not directly related to F1, MotoGP and or its other racing activities at large, but energy drinks company Red Bull GmbH is facing formal investigation by the European Commission over alleged illegal restriction of competition, which is a breach of the EU competition rules.
It is restricted to the energy drinks sector, where the European Commission has indications that Red Bull has likely developed a European Area (EEA) strategy to restrict its competitions which sells drinks larger than the 250ml bottle or cans. The focus is on consumer purchase from channels like supermarkets and petrol station shops.
While it can be ascertain across Europe, but the main area of concern is Netherlands, where it holds a dominant position – which is likely due to the company’s relations with F1 world champion Max Verstappen, who has helped Red Bull Racing win constructors’ and drivers’ titles off-late.
The two suspected practices as noted by European Commission are –
- granting monetary and non-monetary incentives to its off-trade customers to stop selling (‘delist’) or disadvantage, for example, in terms of visibility, competing energy drinks sold in sizes exceeding 250ml.
- misusing its position as category manager at off-trade customers so that competing energy drinks sold in sizes exceeding 250ml are delisted or disadvantaged.
Under the category management arrangements, the decision of procurement is covered by ‘category caption’ or ‘category manager’. He/she can influence in selection of one company’s products, since it covers marketing of all the companies in business and there is a chance of the person misusing the position.
The European Commission is investigating if this is in practice, where a category manager is potentially helping in marketing and selection of Red Bull over its rivals. As such, this is only an investigation with no pledge of an outcome. At this stage, it shouldn’t affect its racing activities or any other things.
“Today we are opening an investigation into Red Bull’s alleged plan to protect its well-known energy drink from rival products, in breach of competition rules,” said Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition.
“We want to see if these practices may be keeping prices high and limiting choice of energy drinks for consumers. This investigation is part of the Commission’s continued efforts to enforce competition rules in the food supply chain to the benefit of European consumers.”
Additional info by European Commission –
Red Bull is a global energy drink manufacturer headquartered in Austria, and operating through several subsidiaries in the EEA. The Commission carried out unannounced inspections at the headquarters of Red Bull and at several of its EEA subsidiaries in March 2023. The Commission continued the inspection at its premises in Brussels in June 2023 and between August and September 2023. Red Bull challenged the decision authorizing the Commission to carry out inspections to the General Court. Red Bull also requested the suspension of the continued inspection at the Commission’s premises in Brussels. In September 2023, the President of the General Court dismissed the request for suspension. In October 2025, the General Court rejected Red Bull’s challenge against the inspection decision, confirming that that decision was well founded, that it was adopted on the basis of sufficient indicia, and that it was neither arbitrary nor disproportionate.
Red Bull has also challenged the Commission’s decision as regards the reimbursement of the additional costs incurred by Red Bull as a result of the continuation of the inspection at the Commission’s premises in Brussels. Where inspections initially started at corporate premises are continued at the Commission’s premises in Brussels, the concerned company may request the Commission to reimburse the “additional costs” incurred by that company solely as a result of that continuation. In those cases, the Commission adopts a decision setting the reimbursed costs. Red Bull’s challenge against such decision is currently pending. Article 102 TFEU and Article 54 of the European Economic Area (‘EEA’) Agreement prohibit the abuse of a dominant position that may affect trade and prevent or restrict competition within the Single Market. The implementation of Article 102 TFEU is defined in Regulation 1/2003.
Article 11(6) of Regulation 1/2003 provides that the opening of proceedings by the Commission, as is the case today with the investigation into Red Bull’s conduct, relieves the competition authorities of the Member States of their competence to apply EU competition rules to the practices concerned. Article 16(1) further provides that national courts must avoid adopting decisions which would conflict with a decision contemplated by the Commission in proceedings it has initiated. There is no legal deadline for bringing an antitrust investigation to an end. The duration of an antitrust investigation depends on a number of factors, including the complexity of the case, and the extent to which the companies concerned cooperate with the Commission and the parties’ exercise of the rights of defense.
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