European Commission call for evidence to inform new measures to tackle "unjustified" territorial supply constraints in fast moving consumer goods

17 March 2026

On 5 March 2026, the European Commission (Commission) published a call for evidence to inform potential new measures to address "unjustified" territorial supply constraints (TSCs) arising from unilateral conduct by non‑dominant suppliers in the fast‑moving consumer goods (FMCG) sector that fall outside the current scope of EU competition law. The initiative reflects the Commission's long-standing concerns that TSCs contribute to market fragmentation, reduced consumer choice and higher prices, by making it more difficult or impossible for wholesalers and retailers to source products from one Member State and sell them in another.

Any intervention targeting unilateral practices of non‑dominant companies would represent a significant shift in the Commission's enforcement and regulatory approach.

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