# European Commission Investigates Omya’s Supply Practices

> The EU Commission is investigating whether Omya breached EU competition law through sourcing obligations and discounts for calcium carbonates.

Source: https://www.mtrlegal.com/en/eu-commission-investigates-omya-supply-practices/ · Language: en · Updated: 2026-10-26

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## European Commission Investigates Calcium Carbonate Supply Practices

According to its press release dated 23 October 2026, the European Commission has opened a formal antitrust investigation into Omya. The ongoing proceedings concern whether the company may have required customers in the paper industry to source calcium carbonates exclusively or predominantly from Omya.

The Commission is therefore investigating a potential infringement of Article 102 of the Treaty on the Functioning of the European Union (TFEU) and Article 54 of the Agreement on the European Economic Area (EEA Agreement). Both provisions prohibit the abuse of a [dominant market position](https://www.mtrlegal.com/wiki/marktbeherrschung/).

The opening of proceedings does not constitute a finding that competition law has been infringed. It expressly does not prejudge the outcome of the investigation. The presumption of innocence must be observed until a final decision is reached.

## Two Potential Practices Under Scrutiny

### Exclusive Purchasing Obligations and Exclusivity Rebates

According to the published information, the investigation covers two types of potential purchasing obligations:

- obligations requiring customers to source calcium carbonates exclusively or predominantly from Omya,
- discounts that may create financial incentives to source calcium carbonates exclusively or predominantly from Omya.

The Commission is investigating whether such terms may have made it more difficult for other suppliers to gain access to customers in the paper industry. It has not yet been determined whether the practices under investigation actually occurred and infringed European competition law.

### Potentially Dominant Market Position

The Commission classifies Omya as the largest supplier of calcium carbonates in the European Economic Area. The authority considers it possible that the company holds a dominant position there.

Such a position is not prohibited in itself under European competition law. Its abuse is, however, prohibited. Whether Omya holds a dominant market position and, if so, whether it has abused that position are among the questions that remain unresolved in the proceedings.

## Importance of Calcium Carbonates to the Paper Industry

Calcium carbonates are used in paper production, particularly as fillers and coating pigments. They can affect both production costs and various characteristics of the finished product. These primarily include:

- whiteness,
- opacity,
- smoothness,
- printability.

In this context, Teresa Ribera, Executive Vice-President of the European Commission responsible for competition policy, highlighted the importance of a competitive supply chain for paper and board. She noted that this is becoming even more significant in view of the growing shift towards paper packaging.

## Next Steps in the Antitrust Proceedings

### No Statutory Deadline for Completion

There is no statutory deadline for completing a formal antitrust investigation. The duration of the proceedings depends, among other factors, on the complexity of the matter and the extent to which the companies concerned cooperate with the Commission.

The Commission intends to treat the in-depth investigation as a priority. Such prioritisation does not, however, mean either that an infringement has already been established or that any particular outcome of the proceedings is to be expected.

### Jurisdiction of National Competition Authorities

Under Article 11(6) of Council Regulation (EC) No 1/2003, the formal opening of proceedings relieves the national competition authorities of their jurisdiction over the matter under investigation. In this respect, the European Commission is responsible for the further investigation.

The Commission is conducting the proceedings under case number AT.40893. The [Commission’s press release](https://ec.europa.eu/commission/presscorner/detail/de/ip_26_2232) is dated 23 October 2026.

## Company Information

Omya is headquartered in Oftringen, in the Swiss canton of Aargau.

The available reports do not specify which particular group company is the subject of the proceedings. The European Commission’s further official statements concerning the course and scope of the investigation therefore remain decisive.

## Competition Law Assessment Remains Open

The proceedings are at an early stage. So far, the Commission is merely examining whether the purchasing obligations and rebate schemes under investigation are compatible with Article 102 TFEU and Article 54 of the EEA Agreement. No final finding has been made as to whether an abuse occurred or whether Omya bears responsibility.

Companies, investors and other market participants may be affected by comparable issues relating to market dominance, exclusive purchasing obligations or rebate schemes. MTR Legal Rechtsanwälte advises clients on related matters; further information is available under [competition law advice](https://www.mtrlegal.com/rechtsberatung/wettbewerbsrecht/).
