In its judgment in Expedia v Autorité de la concurrence last week, the European Court of Justice (ECJ) confirmed that national competition authorities are empowered under European Union (EU) competition law to investigate agreements, arrangements and understandings between companies which have only limited market shares.

The ECJ's judgment highlights the fact that smaller players involved in infringements of EU competition law are exposed to the real risk of investigation by national competition authorities, such as the Office of Fair Trading (OFT) in the UK.