Tristan Favaletto

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On January 13, 2026, the Criminal Chamber of the French Cour de cassation (“French Supreme Court”) confirmed its established case law according to which the French Competition Authority (“FCA”) may seize attorney-client documents covered by legal professional privilege (“LPP”) where these were not “prepared for the exercise of a party’s rights of the defense”, i.e., to defend a client who committed, or believes it committed, an offense liable to result in ongoing or anticipated judicial or regulatory proceedings and sanctions.[1]

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]   

On June 2, 2025, the Commission fined Delivery Hero and Glovo €329 million for a cartel in the online food delivery sector.  During Delivery Hero’s non-controlling minority shareholding in Glovo from 2018 to 2022, the parties (1) agreed not to poach each other’s employees; (2) divided national markets among themselves, and (3) exchanged commercially sensitive information.[1]

On April 17, 2025, further to an appeal lodged by a competitor (Valocîme), the Conseil d’Etat upheld the French Competition Authority (“FCA”) decision[1] approving Phoenix Tower International (“PTI”) as purchaser of the passive mobile infrastructure assets which Cellnex had committed to divest as part of the FCA’s review of its acquisition of Hivory.[2]  The Conseil d’Etat approved the FCA’s analysis of the independence of the proposed purchaser as well as the absence of new adverse competitive effects due to the purchaser’s acquisition of the divested assets.

On November 28, 2024, the Commission published the results of an extensive ex-post study examining its past enforcement of merger control rules in the pharmaceutical sector (the “Study”).[1] 

On April 2, 2024, the European Commission published, in full, its May 2023 decision unconditionally approving the acquisition of Inmarsat by Viasat[1] (the “Transaction”), following an in-depth Phase II investigation.  The UK Competition and Markets Authority (“CMA”) had also unconditionally cleared the acquisition on May 9, 2023.[2]  The Transaction was approved in the context of a trend toward broader consolidation in an increasingly challenged European satellite operations market, with SES announcing its intention to acquire Intelsat just a week before the Commission published its Viasat decision.[3]