Antitrust regulation in play: key lessons from the EU synthetic turf industry investigation

The European Commission's detailed inquiry into the synthetic turf industry across several EU countries has underscored the importance of accuracy, transparency and proactive co-operation and engagement with antitrust investigations.

While the investigation targeted artificial sports turf, the consequences and lessons extend further than this niche sector. Businesses across the EU and beyond should take note that even inadvertent omissions or delays can attract significant penalties and cause reputational damage.

This briefing explains the outcome of the investigation, highlights the key regulatory risks and sets out practical steps for companies to respond to and manage EU antitrust investigations.

The synthetic turf industry investigation 

Launched in June 2023, the inquiry was triggered by concerns surrounding possible violations of competition rules, notably those prohibiting cartels and restrictive practices under Article 101 of the Treaty on the Functioning of the European Union  (TFEU). The focus was on artificial turf for sports use, with unannounced inspections (dawn raids) and information requests underlining the European Commission’s robust approach to market oversight.

Article 18 of Regulation No 1 / 2003 allows the Commission to require companies to submit all information considered necessary for its investigations, and Article 23(1)(b) sets out the authority to impose fines up to 1% of total turnover on companies that provide factually incorrect, incomplete or misleading answers to requests issued under Article 18(3). The amount is set to reflect the seriousness and duration of the breach, as well as case-specific factors.

On 8 September 2025, the Commission published information on sanctioning two synthetic turf providers for breaches of Regulation No 1 / 2003. Following requests for information in June and October 2023, the Commission has stated that both companies failed to provide completed records.

In November 2024, the parties subsequently submitted the requested information and additional material, earning a reduction in their fine. A penalty of €172,000, calculated at 0.3% of combined turnover and reduced by 30% for cooperation, was imposed. 

Broader context: other procedural breaches and fines 

Other types of procedural breaches have attracted substantial fines under Regulation No 1 / 2003 in recent years. In 2024, a global company was handed a penalty of €15.9 million for intentionally providing incomplete business records to the Commission. 

In this case, WhatsApp messages, exchanged with a competitor and relevant to the investigation, were deleted from a senior staff member's work mobile phone after an inspection was announced. Although the company cooperated after the deletion was detected, assisted in restoring data and acknowledged liability, the episode underlined the Commission’s zero-tolerance stance for any attempts, intentional or otherwise, to frustrate the integrity of its inquiries. 

The fine was set at 0.15% of the company's annual turnover, reduced from an initial 0.3% in recognition of the company's cooperation. Fines of between €8 million to €38 million have also been issued by the Commission in recent years for companies breaching seals during inspections.

Negligence as a basis for fines 

Negligence, as applied within Regulation No 1 / 2003, means failing to take reasonable steps to ensure an answer to a request for information is complete and accurate. It includes not seeking clarification when the scope of the request is unclear or failing to review answers with sufficient attention. Even unintentional omissions or mistakes may be captured under the definition of negligence, which significantly widens the potential for liability. 

Minimising risk: key steps  

To avoid fines under these procedural rules, companies should: 

• ensure all responses to commission information requests are reviewed thoroughly for accuracy and completeness 

• prepare staff for dawn raids and investigations with training and communications

• involve legal specialists in drafting and checking submissions 

• request clarifications from authorities whenever the scope or detail of information required is uncertain - the onus is on the company and not the commission 

• maintain robust internal records and compliance systems to facilitate prompt and comprehensive responses 

Incomplete or incorrect replies risk undermining the commission’s investigative processes and increase the likelihood of regulatory penalties, which would have a detrimental effect on a company's reputation.

How Ogier can help 

Ogier's dedicated regulatory experts can assist clients by: 

• advising on regulatory compliance and best practices for European Commission investigations 

• developing tailored internal protocols for antitrust inquiries and dawn raids

• providing relevant training for corporate and legal teams 

• supporting businesses throughout all stages of engagement with authorities 

Attention to detail and proactive compliance are the best safeguards against procedural fines and reputational harm. With Ogier’s support, companies can strengthen their internal processes and confidently meet their regulatory obligations. For more information, contact a member of our Regulatory team, primarily based in Ireland, via their contact details below.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice