Industries

Background

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.

The UK Competition and Markets Authority (CMA) announced on Wednesday that it has opened three new consumer protection investigations into Trainline, Virgin Atlantic, and RED Driving School over concerns that mandatory fees were not included in the headline prices.[1]

On May 25, 2026, the Dutch government prohibited Kyndryl’s proposed acquisition of Solvinity, a Dutch company that operates the digital identification platform (DigiD) used by citizens to access Dutch government services. The decision marks the first prohibition under the Dutch telecom foreign direct investment (FDI) regime. 

On May 5, 2026, the European Commission (the Commission) published its 2025 Report on Competition Policy (the Report). The Report highlights initiatives undertaken during Commissioner Ribera’s first year in office and provides an indication of the direction of enforcement in the coming years. Six takeaways may be identified: