In April 2026, the EC launched a consultation on the Draft Merger Guidelines. We submitted our observations last week, which we summarize below.
Context Is Key: No-Poach Agreements Under EU Competition Law
On April 30, 2026, the Court of Justice (the Court) delivered its preliminary ruling in CD Tondela and Others, one of its first judgments[1] addressing no-poach restrictions under Article 101 TFEU.[2] The Court held that although no-poach agreements must generally be classified as restrictions “by object”, a specific examination of their context and objectives against the relevant legal and economic background may prove otherwise. The ruling provides useful insight into the treatment of no-poach agreements under EU competition law, an area of increased scrutiny by the Commission and national competition authorities (NCAs).
EU Antitrust Procedural Framework Revision – Our Contribution
In July 2025, the European Commission launched a consultation about its revision of the EU antitrust procedural rules.[1] This is part of a comprehensive evaluation that the Commission initiated in March 2022, to ensure that the procedural framework for the EU’s antitrust enforcement remains “fit for the digital age” after its enactment 20 years ago.[2]