In a second judgment arising from the Commission’s 2023 dawn raid at Red Bull’s premises, the General Court has clarified the limited circumstances in which undertakings may recover costs incurred when an inspection continues at the Commission’s premises.
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Gail Slater, former Assistant
DG COMP has a new Director-General – Anthony Whelan, a long-serving European Commission official who has been at the heart of EU regulation and competition law for over 30 years. Currently DG COMP’s Deputy Director-General for State aid, he has held a wide range of roles over his career: he has worked in the Commission Legal Service, headed the cabinet of former Competition Commissioner Neelie Kroes, was a Director in DG CONNECT, and advised Commission President Ursula von der Leyen on digital policy.
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Bjarne Tellmann, CEO of
In this instalment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Mike Walker, the CMA’s former
On March 17, 2026, the French Competition Authority (“FCA”) fined the National Union of French Ski Instructors (Syndicat national des moniteurs du ski français, “SNMSF”) €3.4 million for imposing an exclusivity obligation on its member instructors.[1] The FCA found that the SNMSF had implemented an exclusivity obligation prohibiting its ski instructors from teaching at competing ski schools or developing their own clientele outside the French Ski School (Ecole de Ski Française,“ESF”) network. The decision confirms the FCA’s continued scrutiny of labor markets and reaffirms that sports activities are subject to competition law. It also marks the first time the FCA has applied Article L. 464-2 of the French Commercial Code, allowing it to seek financial contributions from professional association members (in this case, the SNMSF’s members).
On February 18, 2026, following an ex officio investigation launched in July 2024,[1] the French Competition Authority (the “FCA”) issued its Opinion No. 26-A-02 (the “Opinion”) on competition in the online video content creation sector in France.[2] The Opinion identifies several areas of concern in the sector, including creators’ dependence on a small number of platforms, algorithmic opacity, bargaining-power imbalances with commercial partners, and the competitive implications of generative AI. It calls on platforms to ensure fair and transparent revenue-sharing conditions, provide greater transparency on recommendation algorithms and content moderation measures, and make available dedicated contact points for creators.
In the latest instalment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by a panel of lawyers
According to the German Ministry of Economics, the “German Gatekeeper Rule”[1] has proven to be an effective means of ensuring fair competition on digital markets. In its Evaluation, published earlier this month,[2] the Ministry praised the Rule for improving market conditions in the technology sector and promoting innovation and competition since it came into force four years ago. Describing it as a “valuable supplement” to the European Union’s set of gatekeeper rules in the Digital Markets Act (DMA), which has since been introduced, the Evaluation sees no need for further adjustments or harmonization. The requirement for an evaluation after four years was enshrined in the 2021 legislation, which mandated that the Ministry of Economics take into account relevant developments at the European level in its assessment of the Rule.[3]
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Antitrust in 2025 was marked by policy developments and enforcement that, while remaining aggressive, became less overtly anti-business. The U.S. continued several Biden-era cases but became more open to settlements, while maintaining the new and more burdensome HSR merger notification form and the more aggressive and less economically focused 2023 Merger Guidelines. It also faced leadership uncertainty, particularly at the DOJ. The European Commission conducted DMA enforcement actions and launched a broad consultation on the Merger Guidelines. The UK CMA shifted toward a more restrained approach, taking greater account of growth and signaling flexibility in merger remedies. China’s SAMR began intervening in transactions below filing thresholds and continued using antitrust as a tool amid geo-political tensions.