European Commission Launches E-commerce Sector Inquiry
Client Alert | 2 min read | 05.07.15
On May 6, 2015, the European Commission announced the launch of an inquiry into the e-commerce sector that will seek to identify potential antitrust concerns in European e-commerce markets.
Scope of the Sector Inquiry
The Commission believes there are indications that private undertakings are deliberately erecting barriers—particularly contractual barriers—to cross border e-commerce, e.g., restrictions imposed by suppliers in distribution agreements. The aim of the inquiry will be to determine whether such barriers exist and whether they raise antitrust concerns. The focus will be on goods and services subject to widespread e-commerce, such as electronics, clothing, shoes and online content.
The inquiry is intended to be complementary to the Commission's Digital Single Market strategy, also adopted on May 6, which focuses on removing legislative and regulatory barriers to cross-border e-commerce.
It will sit alongside various existing Commission investigations of restrictions in licensing agreements between major U.S. film studios and European broadcasters, restrictions on online pricing and sales of electronic products, and restrictions on cross-border access to online video games.
Next Steps
In the coming weeks, the Commission will send information requests (RFIs) to industry participants and other stakeholders throughout the EU. Addressees will include owners of content rights, broadcasters, online retailers, and suppliers of goods and services sold online.
In the course of the inquiry, the Commission may issue further requests for documents and data from companies, and in previous sector inquiries it has even carried out dawn raids.
A preliminary report on the findings of the inquiry is expected to be published for consultation mid-2016, giving interested parties the opportunity to comment. Publication of the final report is expected in the first quarter of 2017.
Why Does This Matter?
The European Commission has previously conducted sector inquiries in the energy, food, and pharmaceuticals sectors. Experience has shown that inquiries can have a major impact on the sector under investigation.
In this case, knowledge gained may lead to legislative initiatives to boost cross-border e-commerce. Responses to RFIs and responses to the consultation will help to shape that debate.
Moreover, previous sector inquiries have triggered formal antitrust infringement investigations of individual companies.The Commission has confirmed that if it comes across anti-competitive barriers to the development of online cross border sales, it will not hesitate to take enforcement action. RFI responses will therefore need to be carefully crafted—and now may be a good time to review existing online distribution contracts and sales practices affecting the EU.
Contacts
Insights
Client Alert | 6 min read | 10.26.26
Executive Order Creates Women’s Health Task Force, Rescinds Prior Initiatives
On October 19, 2026, President Trump signed an executive order (EO) titled “Advancing Women’s Health to Improve Outcomes in All Phases of Life,” establishing new federal infrastructure dedicated to improving women’s health research, clinical translation, and coordinated policy leadership. The EO creates a White House Women’s Health Task Force and directs the U.S. Department of Health and Human Services (HHS) to establish a new Women’s Health Division within the National Institutes of Health (NIH).
Client Alert | 7 min read | 10.22.26
Africa, MENA, and the Arbitration Act 2025: LCIA’s Latest Report
Client Alert | 4 min read | 10.22.26
CMS Proposal Would Require Extensive Provider Directory Changes in MA

