Policy & Procedure

On January 13, 2026, the Criminal Chamber of the French Cour de cassation (“French Supreme Court”) confirmed its established case law according to which the French Competition Authority (“FCA”) may seize attorney-client documents covered by legal professional privilege (“LPP”) where these were not “prepared for the exercise of a party’s rights of the defense”, i.e., to defend a client who committed, or believes it committed, an offense liable to result in ongoing or anticipated judicial or regulatory proceedings and sanctions.[1]

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.

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 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.

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.