Technology, Media & Communications

On January 9, 2026, the French Competition Authority (“FCA”) published the results of its third study on the French leniency procedure.[1]  The Study publishes feedback from more than 60 competition law practitioners on (i) the impact of procedural changes introduced in 2023, (ii) the key factors that encourage or discourage undertakings from applying for leniency, and (iii) the impact of potential follow-on damage actions on leniency applications.  The FCA will determine on the basis of the responses whether and how to adapt its leniency program.

2025 was a fascinating year for UK competition and consumer enforcement, with the CMA changing its policies and practices in a number of areas. Our Year in Review summarises the most important developments of the past year and what we expect in 2026, as the CMA implements its reworked procedures for merger and market cases, begins to use its new consumer fining powers, and imposes digital conduct requirements for the first time. We also anticipate a Government consultation on significant changes to the decision-making model for mergers and markets.

On December 12, 2025, the Digital Markets Act (“DMA”) High-Level Group (“HLG”)[1] endorsed a joint paper on the regulatory interplay on AI-related issues.[2] This paper assesses how to best implement the different legal frameworks that govern AI systems. It underlines the importance of achieving a coherent and consistent implementation of these frameworks and of the cooperation between competent authorities to achieve it.

On December 10, 2025, the General Court delivered the latest judgment in the long-running Intel saga.[1] The General Court upheld the Commission’s 2023 decision to fine Intel for abusing its dominant position in the market for x86 central processing units (“CPUs”) between October 2002 and December 2007 through ‘naked restrictions,’[2] but reduced Intel’s fine from €376 million to €237 million to reflect the “temporal and material scope of the infringement”.

On November 1, 2025, the Commission issued a policy brief[1] in which it rejected calls to extend the legal professional privilege to in-house counsel communication. The Commission examined the question after stakeholders called for such an extension as part of the revision process of the regulation governing antitrust investigation, Regulation 1/2003.[2]

On 16 October 2025, the CMA launched a public consultation on its draft revised Merger Remedies Guidance (the Draft Guidance).[1]  The revision reflects the Government’s call for a more business-friendly, pro-growth approach to merger control.[2]

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: