Clifford Chance
The EU General Court Clarifies Scope of European Commission Dawn Raid Powers in Recent Michelin And Symrise Judgments
21 August 2025
The General Court’s recent judgments in Michelin (Case T 263/23) and Symrise (Case T 263/23) clarify the evidentiary and procedural standards the European Commission (“Commission”) must meet to lawfully conduct unannounced inspections (so-called “dawn raids”) under EU competition law.
Notably, Michelin resulted in the partial annulment of a Commission inspection decision for lack of sufficiently serious indicia (evidence) regarding part of the alleged infringement period. In contrast, the General Court in Symrise upheld the Commission’s decision in full, reaffirming the Commission’s broad discretion when exercising its investigatory powers. This briefing analyses the judgments and their practical implications for companies operating in the EU.
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