Technology, Media & Communications

The French Cour de cassation confirms the FCA’s independence in settlement-referral procedures and classifies information exchanges between tenderers, including when exploring subcontracting, as a restriction by object.[1]

On September 24, 2025, the French Cour de cassation upheld the sanction imposed by the French Competition Authority (“FCA”) on Vinci group entities active in construction and technical services, and on their subsidiary Santerne Nord Tertiaire (“Santerne”), for unlawful exchanges of confidential information during a public tender procedure.

Introduction

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:

As part of our response to the European Commission’s consultation on possible reforms to its merger control guidelines,[1] we provided our views on Topic Paper E – Digitalization.

On July 10, 2025, the French Competition Authority (“FCA”) published both its 2024 Annual Report,[1] and its 2025-2026 Roadmap,[2] which outlines its priorities for the year ahead. 

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]

On June 11, 2025, the French Competition Authority (“FCA”) issued its first-ever decision[1] sanctioning no-poach agreements as stand-alone infringements.[2] Fines totaling EUR 29.5 million were imposed on three companies operating in the engineering, technology consulting, and IT services sectors.