Deniz Sezis

On December 18, 2025, the Court of Justice delivered a preliminary ruling in connection with an appeal by OSA, a Czech collective management organization handling copyright and collecting royalties (“CMO”), against an Article 102 TFEU infringement decision of the Czech Competition Authority.[1]   

Background

On December 18, 2025, the Court of Justice delivered its preliminary ruling in a case concerning an appeal by Lukoil against a Bulgarian competition authority decision which had imposed a fine on Lukoil for its refusal to grant access to third parties to essential infrastructure (fuel storage facilities, port terminals, and pipeline networks), originally constructed with public funds and subsequently privatized by Lukoil.[1]

On December 10, 2025, the General Court confirmed the Commission’s decision to reject Bategu Gummitechnologie’s antitrust complaint against certain train manufacturers for allegedly colluding to circumvent EU standards and abusing their alleged collective dominant position by boycotting Bategu’s products.[1]

On December 10, 2025, the General Court delivered the latest judgment in the long-running Intel saga.[1] The General Court upheld the Commission’s 2023 decision to fine Intel for abusing its dominant position in the market for x86 central processing units (“CPUs”) between October 2002 and December 2007 through ‘naked restrictions,’[2] but reduced Intel’s fine from €376 million to €237 million to reflect the “temporal and material scope of the infringement”.

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]

Introduction

On November 13, 2024, the General Court dismissed three appeals against the European Commission’s decision conditionally approving Vodafone’s acquisition of Liberty Global’s cable business assets in four EU Member States.[1]  Deutsche Telekom, NetCologne, and Tele Columbus brought actions before the General Court seeking the annulment of the Commission’s clearance decision, arguing that the Commission should not have cleared Vodafone’s acquisition subject to behavioral commitments.

On November 13, 2024, the General Court ruled in Case T-141/23 that the Commission failed to meet its obligations under Regulation 2015/1589 (“State aid Procedural Regulation” or “Regulation”),[1] which governs the application of Article 108 TFEU on State aid review in the EU.[2]  The General Court held that the Commission’s inaction regarding alleged illegal aid granted by the Kingdom of the Netherlands (“the Netherlands”) to Dutch beam trawlers with pulsed electric currents – prior to the formal ban on electric fishing in the EU in July 2021– constituted a failure to act.