On October 22, 2026, the French Competition Authority (FCA) adopted Decision 26-D-10 (the Decision) fining for the first time the parties to a merger below the mandatory notification thresholds, on the grounds that the merger infringed Article L.420-1 of the French Commercial Code (the FCC), which prohibits anticompetitive agreements. [1]
On October 14, 2026, the European Commission (Commission) published its sixth annual report on the screening of foreign direct investments (FDI) into the Union (the Report). Notable findings:
In our latest Antitrust Review podcast, host Nick Levy is joined by Chris Meyers, Associate General Counsel for EU Competition
On September 9, in a landmark judgment, the General Court upheld the Commission’s 2023 decision prohibiting Booking’s acquisition of eTraveli. The ruling has far-reaching implications for acquisitions by dominant firms in markets characterized by network effects and allegedly high entry barriers. The Court held that the Commission may rely on novel theories of harm to challenge mergers that consolidate or perpetuate pre-merger competitive conditions, reinforce network effects, and allow an already-dominant company to create an “ecosystem” that rivals cannot replicate, even if that merger involves only a de minimis improvement in the dominant firm’s pre-existing offering or market position.
On August 19, 2026, ten years after having issued the previous version, the German Federal Cartel Office (FCO) published its updated, revised Notice on Settlements in Cartel Fine Proceedings (Merkblatt Settlement, in the following the 2026 Settlement Notice).[1]
On September 3, 2026, the UK Competition and Markets Authority (CMA) published revised Merger Assessment Guidelines (MAGs). The revised MAGs replace the previous guidelines from March 18, 2021.[1]
The German food retail sector has long faced intense scrutiny from the Federal Cartel Office (FCO). Following a major 2014 sector inquiry into buyer power, the regulator has consistently maintained a strict stance on industry dealmaking: blocking EDEKA’s proposed takeover of Kaiser’s Tengelmann in 2015 (a decision later overturned by ministerial permission in 2016), approving Rewe’s acquisition of Coop in 2016 only subject to divestments, and imposing stringent remedies on EDEKA and Kaufland’s acquisition of Real stores in 2020. EDEKA’s acquisition of 178 Tegut stores marks the latest chapter in these ongoing enforcement efforts. Germany’s Monopolies Commission, an advisory body to the government, criticized the FCO’s clearance as a “blow to competition,” targeting in particular the FCO’s finding of no collective dominance in the sales market despite the “Big Four”’s combined market share exceeding 90%. However, despite potential political influence, no formal process exists to overturn the FCO’s decision.
In our latest Antitrust Review podcast, host Nick Levy hosts a panel discussion of the European General Court’s judgment upholding
On September 3, 2026, the European Commission (EC) adopted Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings (the Guidelines).
The Competition and Markets Authority (CMA) announced that it has secured compensation for off-grid domestic heating oil customers whose orders were unfairly cancelled following severe wholesale price shocks.[1]