The European Commission has opened a formal antitrust investigation into energy drink manufacturer Red Bull to assess whether the company has engaged in practices that restrict competition in violation of EU competition law, specifically the rules prohibiting abuse of a dominant position under Article 102 TFEU.
The Commission suspects that Red Bull may have implemented a strategy across the European Economic Area (EEA) aimed at limiting competition from energy drinks sold in cans larger than its standard 250ml size. The investigation focuses particularly on the “off-trade” channel—sales through supermarkets and petrol stations—where Red Bull may have sought to restrict rival brands’ visibility and shelf presence.
According to the Commission’s preliminary indications, Red Bull may have offered financial and non-financial incentives to retailers to delist or disadvantage competing energy drinks exceeding 250ml. Furthermore, the company allegedly misused its position as “category manager” in some retail outlets—a role that allows it to influence product placement and marketing decisions for an entire product category, including competitors’ items—to limit rivals’ access and exposure.
This is the Commission’s first formal investigation into the potential misuse of a category management position to restrict competition. If proven, the practices could constitute a serious infringement of EU competition rules.
Red Bull, headquartered in Austria, has already faced scrutiny from the Commission, which conducted unannounced inspections in 2023. The General Court recently upheld the legality of these inspections, confirming that the Commission acted on sufficient evidence.
Executive Vice-President Teresa Ribera stated that the investigation seeks to determine whether Red Bull’s conduct has artificially protected its dominant brand at the expense of consumer choice and competitive pricing. The Commission emphasized that the opening of proceedings does not prejudge the outcome, and the investigation will proceed as a matter of priority.