The EU General Court partially annuls the Commission’s decision authorizing unannounced dawn raids to be carried out at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of two French food retail chains, Casino and Intermarché ("ITM"). With these judgments, the GCEU further clarified the limits of the investigative powers of the Commission. Key takeaways The GCEU confirmed that the Commission has extensive powers of investigation. However, these powers are not unlimited and due account must be given to the fundamental rights of the companies being investigated. For the first time, the GCEU clarified the level of evidence required to legitimately suspect an infringement