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The French Assemblée Nationale (the “National Assembly”) is currently examining a legislative proposal to increase the French merger control notification thresholds, as part of a broader bill on the simplification of economic life (the “Simplification Bill”).  The draft Simplification Bill, already adopted by the French Senate[1] and reviewed by a special commission within the National Assembly, is being discussed in plenary session under the accelerated legislative procedure. [2]  If adopted, the new merger control thresholds could be implemented by early 2026 and would significantly decrease the number of transactions reviewed by the French Competition Authority (the “FCA”).

Continue Reading France Set to Increase Merger Control Notification Thresholds

The French Competition Authority (“FCA”) imposed a €150 million fine on Apple for abusing its dominant position between 2021 and 2023 as a distributor of mobile applications on iOS and iPadOS devices through the implementation of “artificially complex” requirements relating to privacy protection.[1] 

Continue Reading French Competition Authority Fines Apple €150 Million for Abusive Implementation of Privacy Framework

In January 2025, the French Competition Authority (the “FCA”) launched a public consultation on the introduction of a merger control framework for transactions that fall below the current turnover-based notification thresholds.[1] Whereas three options were presented in the consultation, on April 10, 2025 the FCA announced that the first option, namely the introduction of a call-in power based on quantitative and qualitative criteria, had received the most positive feedback and was being prioritized.[2]

Continue Reading The French Competition Authority is Contemplating Introducing Call-In Powers to Review Below-Threshold Mergers

On March 18, 2025, a legislative proposal was opened for consultation that, if enacted, would enable the Dutch Authority for Consumers and Markets (“ACM”) to “call in” transactions that currently do not meet notification thresholds for merger review.[1] The Proposal follows calls by the ACM for expanded authority and coincides with its first investigation into whether a below-threshold transaction violated antitrust law.

Continue Reading Further Scrutiny of Below-Threshold Transactions in Europe: Dutch Consider “Call In” Powers Amid First Investigation of Non-Reportable Transaction Under Antitrust Provisions

On January 28, 2025, the Grand Chamber of the Court of Justice issued a much-awaited preliminary ruling that clarifies when national laws that prohibit the transfer of antitrust compensation claims to bring a collective action breach EU law.[1]  The Court of Justice held that, to respect the principle of effectiveness, national procedural rules cannot limit recourse to such group actions where it is the only procedural way for individuals to bring a claim for compensation.  While it is clear that the Court of Justice did not consider Member States are under an obligation to always allow for group action lawsuits, the implications for private enforcement are yet unclear.  This will likely be the subject of additional litigation and preliminary rulings.

Continue Reading No Class Action Without Legislation? The Court of Justice Cuts Both Ways On Class Actions in ASG 2

On February 26, 2025 the Düsseldorf Court of Appeal (“DCA”) dismissed a broad application of Germany’s transaction value threshold.[1]  The threshold introduced in 2017 is a “safety net” for exceptional cases, not an additional standard aimed to lower the threshold for merger review.  Companies in mature markets with established revenue streams face reduced risk of mandatory filings, even for high-value acquisitions.

Continue Reading German Court Confirms Narrow Scope of Transaction Value Threshold in Merger Control

Since the obligations under the Digital Markets Act (“DMA”) started to apply to the first wave of gatekeepers in March 2024, there have been a number of important developments on the implementation and enforcement of the DMA by the Commission.[1]  In particular, the Commission has: (i) adopted a second wave of designation decisions concerning Apple and Booking Holdings Inc. (“BHI”), while exempting other services of Apple, ByteDance, X Holdings Corp., and Microsoft; (ii) defended appeals before the European courts concerning a number of its designation and non-designation decisions; (iii) launched whistleblower tools for the DMA and the Digital Services Act (“DSA”); and (iv) opened non-compliance investigations against Meta, Alphabet, and Apple as well as specification proceedings into Apple’s compliance with DMA interoperability obligations.  

Continue Reading When the Rubber Hits the (Digital) Road: Developments Regarding the Digital Markets Act Since March 2024

Several European competition authorities – including in France, Germany, Italy, and Sweden – can conduct general or sectoral market investigations.  By closely reviewing sectors that are not perceived to be functioning well, authorities seek to understand market conditions and evaluate whether anticompetitive practices may be contributing to the perceived issues.  Some authorities, such as the Austrian, Belgian, and Dutch, authorities, can merely make recommendations at the end of the investigation.  Others, including in Denmark, Germany, and Italy, have the power to subsequently impose conditions to resolve the identified market failures despite the absence of competition infringements.  

Continue Reading The Comeback of Sectoral Investigations: The Dutch and Belgian Competition Authority Announce Probes

The following is part of our annual publication Selected Issues for Boards of Directors in 2025. Explore all topics or download the PDF.

Antitrust in 2024 was marked by evolving policy developments, vigorous enforcement, and eye-catching court decisions. In the U.S., an aggressive enforcement approach lead to unpredictability and lengthy merger review process across sectors. In the EU, enforcement of the Digital Markets Act (DMA) intensified scrutiny on digital platforms, while a landmark ruling in the Illumina/GRAIL matter clarified the scope of the EU Commission’s merger jurisdiction. In the UK, the Competition and Markets Authority (CMA) cleared the Vodafone/Three merger with behavioral remedies, signaling a significant departure from its historic practice to require structural remedies. 2025 will see new antitrust leadership on both sides of the Atlantic with an expectation that the U.S. will largely return to a more traditional approach on antitrust under the Trump Administration and that Europe will continue to enforce digital rules and bring cases related to AI with a focus on promoting growth in clean tech and AI sectors.

Continue Reading 2024 Antitrust Update: Navigating the Evolving Landscape

On October 2, 2024, the European Commission appointed Emanuele Tarantino as new Chief Competition Economist at DG COMP.  Tarantino is expected to take office in a few weeks, coinciding with Teresa Ribera’s arrival as the new Commissioner for Competition. 

Continue Reading EU Commission Appoints New Chief Competition Economist