European Union

On June 30, 2026, the European Commission published its Staff Working Document (the SWD)[1] accompanying the guidelines on its enforcement of the Foreign Subsidies Regulation (FSR) (the Guidelines)[2] published on January 9, 2026.[3] The SWD sets out the feedback received through various rounds of consultation, and explains how this feedback was taken into account in the final Guidelines. This alert memorandum reviews the key stakeholder-driven changes reflected in the final Guidelines and their implications for the Commission’s future enforcement practice.

On May 25, 2026, the Dutch government prohibited Kyndryl’s proposed acquisition of Solvinity, a Dutch company that operates the digital identification platform (DigiD) used by citizens to access Dutch government services. The decision marks the first prohibition under the Dutch telecom foreign direct investment (FDI) regime. 

The European Commission (EC) has published a draft of its long-awaited revision of the Merger Guidelines (Draft Guidelines), combining the 2004 Horizontal Merger Guidelines and 2008 Non-Horizontal Merger Guidelines into a single document that is organized around different theories of harm and endeavors to achieve five principal objectives: (1) to take account of the Draghi Report’s call for more dynamic, forward-looking merger control; (2) to acknowledge the benefits of scale, resilience, innovation, and global competitiveness; (3) to reflect the evolution in EC practice over the past 20 years; (4) to tighten the rules for acquisitions by dominant companies; and (5) to signal a greater readiness to take positive account of efficiencies and other benefits. 

On May 5, 2026, the European Commission (the Commission) published its 2025 Report on Competition Policy (the Report). The Report highlights initiatives undertaken during Commissioner Ribera’s first year in office and provides an indication of the direction of enforcement in the coming years. Six takeaways may be identified: