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.
In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by Cani Fernández, President of the
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 the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by Ariel Ezrachi, Professor of Competition
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]
On April 17, 2025, further to an appeal lodged by a competitor (Valocîme), the Conseil d’Etat upheld the French Competition Authority (“FCA”) decision[1] approving Phoenix Tower International (“PTI”) as purchaser of the passive mobile infrastructure assets which Cellnex had committed to divest as part of the FCA’s review of its acquisition of Hivory.[2] The Conseil d’Etat approved the FCA’s analysis of the independence of the proposed purchaser as well as the absence of new adverse competitive effects due to the purchaser’s acquisition of the divested assets.
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]
On March 18, 2025, a legislative proposal was opened for consultation that, if enacted, would enable the Dutch Authority for Consumers and Markets (“ACM”) to “call in” transactions that currently do not meet notification thresholds for merger review.[1] The Proposal follows calls by the ACM for expanded authority and coincides with its first investigation into whether a below-threshold transaction violated antitrust law.