European Union

Background

On December 18, 2025, the Court of Justice delivered its preliminary ruling in a case concerning an appeal by Lukoil against a Bulgarian competition authority decision which had imposed a fine on Lukoil for its refusal to grant access to third parties to essential infrastructure (fuel storage facilities, port terminals, and pipeline networks), originally constructed with public funds and subsequently privatized by Lukoil.[1]

On November 10, 2025, the Commission conditionally cleared Abu Dhabi National Oil Company’s (“ADNOC”) c. €15 billion acquisition of German chemicals company Covestro AG (“Covestro”) under the Foreign Subsidies Regulation (“FSR”),[1] following a Phase II review.[2]

On December 10, 2025, the General Court confirmed the Commission’s decision to reject Bategu Gummitechnologie’s antitrust complaint against certain train manufacturers for allegedly colluding to circumvent EU standards and abusing their alleged collective dominant position by boycotting Bategu’s products.[1]

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 December 2, 2025, the European Court of Justice issued its ruling in Stichting v Apple,[1]clarifying that any competent national court in the Member State whose app store was used for the purchase of products can hear collective actions[2] on behalf of users of digital platforms for damages caused by anticompetitive conduct, without the need to individualize alleged victims or determine the exact location of their alleged harm.

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]

As part of our response to the European Commission’s consultation on possible reforms to its merger control guidelines,[1] we submitted our observations on Topic Paper G – Public Policy, Security, and Labour Market Considerations.