There’s something curiously Sisyphean about the debate on legal professional privilege in competition law. Like some judicial boulders perpetually rolled uphill, only to tumble back down, the arguments presented in November’s...more
On 29 October 2025, the European Commission released the results of its broad consultation on the Horizontal and Non-Horizontal Merger Guidelines. The message came through unmistakably: The rules need a modern rewrite. ...more
11/11/2025
/ Competition ,
Corporate Counsel ,
Draft Guidance ,
EU ,
European Commission ,
Horizontal Merger Guidelines ,
Innovation ,
Merger Controls ,
Mergers ,
Public Consultations ,
Sustainability
A quiet but fast-accelerating change is reshaping a corner of competition law once thought to lie beyond its reach.
What began as a campaign against monopolies of goods and services has moved, inexorably, into the realm...more
Across Europe, the tectonic plates of merger control are shifting. The familiar comfort of turnover thresholds, the traditional barometer for measuring and screening transactions, no longer guarantees safe passage. ...more
9/30/2025
/ Acquisitions ,
Competition Authorities ,
Cross-Border Transactions ,
EU ,
EUMR ,
European Commission ,
Member State ,
Merger Controls ,
Mergers ,
Pharmaceutical Industry ,
Pre-Merger Filing Requirements ,
Risk Management ,
Strategic Planning ,
Technology Sector
On 2 June 2025, the European Commission (the Commission) fined Delivery Hero and its Spanish subsidiary Glovo a combined €329 million for operating a cartel in the online food delivery sector....more
8/4/2025
/ Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Cartels ,
Competition Authorities ,
Data-Sharing ,
Delivery Drivers ,
Employer Liability Issues ,
Enforcement Actions ,
EU ,
European Commission ,
Minority Shareholders ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Shareholders' Agreements ,
Subsidiaries
On 23 April 2025, the European Commission (the Commission) imposed its first ever fines under the Digital Markets Act (DMA). Apple and Meta were fined for failing to comply with their respective obligations under the DMA,...more
6/17/2025
/ Anti-Competitive ,
Antitrust Violations ,
App Developers ,
Apple ,
Competition ,
Corporate Fines ,
Digital Marketplace ,
Enforcement Actions ,
EU ,
European Commission ,
Facebook ,
Technology Sector
In its recent judgment in Beevers Kaas (Case C‑581/23), the European Court of Justice (ECJ) clarified how suppliers may validly restrict active sales in exclusive distribution arrangements under Article 4(b)(i) of the...more
6/13/2025
/ Antitrust Litigation ,
Antitrust Provisions ,
Competition ,
Contract Terms ,
Court of Justice of the European Union (CJEU) ,
Distributors ,
EU ,
Member State ,
Sales & Distribution Agreements ,
Supply Contracts ,
Vertical Block Exemption Regulation (VBER)
On 8 May 2025, the European Commission (“the Commission”) launched two public consultations as part of its comprehensive review of the guidelines for horizontal and non-horizontal mergers. ...more
The European Commission has released the full, non-confidential text of its decision in Case FS.100011 – e&/PPF, marking a watershed moment under the EU Foreign Subsidies Regulation (FSR). This is the first case to be cleared...more
5/12/2025
/ Acquisitions ,
Competition ,
EU ,
European Commission ,
Financial Services Industry ,
Foreign Subsidies ,
Government Agencies ,
International Trade ,
Mergers ,
Share Purchase Agreements ,
Sovereign Wealth Funds ,
State-Owned Enterprises ,
United Arab Emirates (UAE)