In May 2025, the Commission launched a public consultation on possible reforms to its merger guidelines, covering seven core topics that underpin how the Commission assesses the competitive impact of mergers.[1] On October 29, the Commission summarized the main trends of the 243 responses[2] it received.[3] The highlights are as follows:
In the past year, the General Court has ruled on several challenges to Commission dawn raids initiated against Symrise,[1] Michelin,[2] and Red Bull,[3] clarifying the limits of the Commission’s investigatory powers. In all three cases, the General Court upheld the legality of the inspections,[4] though refined the evidentiary and procedural standards governing dawn raids.[5] The most recent Michelin and Red Bull judgments, in particular: (i) clarified what constitutes “sufficient indicia” for the Commission to initiate a dawn raid; (ii) validated the Commission’s use of new digital tools to gather indicia for dawn raids and its practice of gathering information onsite and later reviewing that information over extended periods of time at the Commission’s premises (“extended inspection”); and (iii) confirmed the Commission’s margin of discretion in selecting the most appropriate investigative measure—such as dawn raids or requests for information—in antitrust investigations.
In our latest Antitrust Review podcast, host Nick Levy is joined by Guillaume Loriot, the EC’s Head of Mergers. Their
On June 4, 2025, The French Competition Authority (“FCA”) launched a public consultation on the topic of self-preferencing in the cloud computing sector. This follows the recent enactment of Law No. 2024-449 on the security and regulation of the digital space (“SREN Law”). This consultation reflects growing scrutiny of vertically integrated cloud providers that may favor their own services and software at the expense of competitors.
The long-awaited consumer protection reforms brought by the Digital Markets, Competition and Consumers Act (DMCCA) are here and set to transform consumer protection in the UK. As of April 6, the CMA can directly enforce consumer law breaches, rather than having to go through the courts to establish an infringement. The CMA sees the changes brought about by the DMCCA as an “opportunity to do [our] consumer protection work more effectively, more quickly and—hopefully—with even better outcomes for people in the UK”.[1] The CMA’s goal is to establish a robust and independent consumer protection framework that not only shields UK consumers and builds their trust but also ensures fair competition by creating a level playing field for businesses. The expectation is that this dual approach of safeguarding consumer interests and promoting fair business practices will, in turn, boost both consumer and business confidence, ultimately driving growth within the UK economy and fostering effective competition.[2]
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”).
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]
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]
In two rulings of April 8, 2025, the French Cour de cassation confirmed that dawn raids may lawfully be conducted at employees’ private residences without requiring additional safeguards beyond those set out in the French Commercial Code.[1]