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]
Further Scrutiny of Below-Threshold Transactions in Europe: Dutch Consider “Call In” Powers Amid First Investigation of Non-Reportable Transaction Under Antitrust Provisions
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.
German Federal Court of Justice Confirms Apple’s Designation and Paves the Way for Further Scrutiny by the FCO
On March 18, 2025, the German Federal Court of Justice (“FCJ”) confirmed the designation of Apple Inc. (“Apple”) as a company of “paramount significance for competition across markets” (“PCMS”) under Section 19a(1) of the German Act against Restraints of Competition (“ARC”) which enables the German Federal Cartel Office’s (“FCO”) to prohibit specific conduct of Apple in the future.[1] This marks the FCJ’s second ruling in which the highest court affirmed the designation decision of the FCO under Section 19a(1) ARC.[2]
MOFCOM Issues Final Determination on Trade and Investment Barrier Investigation into the EU’s Foreign Subsidies Regulation
On January 9, 2025, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) released its decision in a trade and investment barrier investigation into the European Union’s Foreign Subsidies Regulation (“FSR”).
EU Consults on Foreign Subsidies Regulation Guidelines
On March 5, 2025, the European Commission (EC) launched a public consultation on the EU Foreign Subsidies Regulation (FSR). The consultation will run to April 2, 2025.
The FCA Conditionally Clears Auchan’s Acquisition of 98 Food Retail Casino Stores
On March 21, 2025, the French Competition Authority (“FCA”) conditionally cleared the acquisition of 98 former Casino food retail stores by Auchan.[1] The FCA decision is conditional on (i) the divestment of one supermarket, and (ii) sharing the sales area of one hypermarket with two competitors.
Antitrust Review Episode 40: In Conversation With Marcus Bokkerink
In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by Marcus Bokkerink, Chair of the
No Class Action Without Legislation? The Court of Justice Cuts Both Ways On Class Actions in ASG 2
On January 28, 2025, the Grand Chamber of the Court of Justice issued a much-awaited preliminary ruling that clarifies when national laws that prohibit the transfer of antitrust compensation claims to bring a collective action breach EU law.[1] The Court of Justice held that, to respect the principle of effectiveness, national procedural rules cannot limit recourse to such group actions where it is the only procedural way for individuals to bring a claim for compensation. While it is clear that the Court of Justice did not consider Member States are under an obligation to always allow for group action lawsuits, the implications for private enforcement are yet unclear. This will likely be the subject of additional litigation and preliminary rulings.
Antitrust Review Episode 39: In Conversation With Cristina Caffarra
In the latest instalment of our Antitrust Review podcast, host Nick Levy speaks with Cristina Caffarra, one of the leading
German Court Confirms Narrow Scope of Transaction Value Threshold in Merger Control
On February 26, 2025 the Düsseldorf Court of Appeal (“DCA”) dismissed a broad application of Germany’s transaction value threshold.[1] The threshold introduced in 2017 is a “safety net” for exceptional cases, not an additional standard aimed to lower the threshold for merger review. Companies in mature markets with established revenue streams face reduced risk of mandatory filings, even for high-value acquisitions.