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Several European competition authorities – including in France, Germany, Italy, and Sweden – can conduct general or sectoral market investigations.  By closely reviewing sectors that are not perceived to be functioning well, authorities seek to understand market conditions and evaluate whether anticompetitive practices may be contributing to the perceived issues.  Some authorities, such as the Austrian, Belgian, and Dutch, authorities, can merely make recommendations at the end of the investigation.  Others, including in Denmark, Germany, and Italy, have the power to subsequently impose conditions to resolve the identified market failures despite the absence of competition infringements.  

Continue Reading The Comeback of Sectoral Investigations: The Dutch and Belgian Competition Authority Announce Probes

The following is part of our annual publication Selected Issues for Boards of Directors in 2025. Explore all topics or download the PDF.

Antitrust in 2024 was marked by evolving policy developments, vigorous enforcement, and eye-catching court decisions. In the U.S., an aggressive enforcement approach lead to unpredictability and lengthy merger review process across sectors. In the EU, enforcement of the Digital Markets Act (DMA) intensified scrutiny on digital platforms, while a landmark ruling in the Illumina/GRAIL matter clarified the scope of the EU Commission’s merger jurisdiction. In the UK, the Competition and Markets Authority (CMA) cleared the Vodafone/Three merger with behavioral remedies, signaling a significant departure from its historic practice to require structural remedies. 2025 will see new antitrust leadership on both sides of the Atlantic with an expectation that the U.S. will largely return to a more traditional approach on antitrust under the Trump Administration and that Europe will continue to enforce digital rules and bring cases related to AI with a focus on promoting growth in clean tech and AI sectors.

Continue Reading 2024 Antitrust Update: Navigating the Evolving Landscape

On November 19, 2024, the French Competition Authority (“FCA”) submitted a Report (“FCA Report”) to the Ministers for Energy and the Economy, on the national regulated tariffs for electricity (tarifs réglementés de vente d’électricité – “TRVs”).[1]  The FCA recommended to take practical measures to prepare the termination of the TRV mechanism, anticipating regulatory changes at the national and European levels in favor of market-based pricing.

Continue Reading The French Competition Authority Recommends Ending Regulated Electricity Tariffs

On November 13, 2024, the General Court ruled in Case T-141/23 that the Commission failed to meet its obligations under Regulation 2015/1589 (“State aid Procedural Regulation” or “Regulation”),[1] which governs the application of Article 108 TFEU on State aid review in the EU.[2]  The General Court held that the Commission’s inaction regarding alleged illegal aid granted by the Kingdom of the Netherlands (“the Netherlands”) to Dutch beam trawlers with pulsed electric currents – prior to the formal ban on electric fishing in the EU in July 2021– constituted a failure to act.

Continue Reading General Court finds Commission Failed to Act on Potentially Unlawful Dutch State Aid for Electric Pulse Fishing

On October 29, 2024, the French Competition Authority (“FCA”) imposed a fine totalling €470 million on manufacturers and distributors of low-voltage electrical equipment (the “Decision”) for vertical resale price fixing.[1]  The FCA sanctioned two vertical price agreements (i) between Schneider Electric and its distributors Rexel and Sonepar implemented from December 2012 to September 2018, and (ii) between Legrand and its distributor Rexel from May 2012 and September 2015.

Continue Reading The French Competition Authority Fines Electrical Equipment Manufacturers and Distributors for Resale Price Fixing

On October 4, 2024, following two annulments,[1] the Court of Justice confirmed the Commission’s second readoption of its decision to fine Italian manufacturers of reinforcing steel bars for a price-fixing cartel.  While dismissing all other pleas, the Court of Justice found that the Commission had breached the principle of equal treatment by granting two manufacturers different fine discounts per year of their non-participation in the cartel.[2]  To rectify the unequal treatment, the Court of Justice reduced Ferriere Nord’s fine from €2,237,000 to €2,165,000.

Continue Reading Some Are More Equal Than Others: The Court of Justice Reduces Ferriere Nord’s Fine to Rectify The Commission’s Breach of The Principle of Equal Treatment

On October 2, 2024, the European Commission appointed Emanuele Tarantino as new Chief Competition Economist at DG COMP.  Tarantino is expected to take office in a few weeks, coinciding with Teresa Ribera’s arrival as the new Commissioner for Competition. 

Continue Reading EU Commission Appoints New Chief Competition Economist

On October 1, 2024, amendments to the Statute of the Court of Justice of the European Union entered into effect, ushering in a significant reform to the European judiciary.[1]  As a result of the reform, the jurisdiction to issue preliminary rulings has been partially transferred from the Court of Justice to the General Court for cases falling exclusively within six well-established legal areas, including VAT, excise duties, and tariffs.  Conversely, the Court of Justice retains jurisdiction to issue preliminary rulings in competition law and other areas which routinely raise complex questions of principle and consistency.  The reform is designed to reduce the caseload of the Court of Justice, thereby allowing it to “focus to a greater extent on its role as the supreme and constitutional court of the European Union.”[2]

Continue Reading Divide and Conquer: Reform of The EU Judiciary Splits The Jurisdiction to Deliver Preliminary Rulings Between The Court of Justice and The General Court

On September 17, 2024, the President of the European Commission, Ursula von der Leyen, announced the structure of the new Commission and her nominees to serve as Commissioners for the upcoming 5-year term (2024-2029). Each of these nominees will be scrutinized and need to be confirmed by the EU Parliament in the coming weeks.

Continue Reading New Commission Unveiled: What To Expect For Competition?

On September 14, 2024, China’s SAMR published streamlined notification and publicity forms for cases reviewed under its simplified merger review procedure (“Simple Cases”).  The revised forms will take effect as of October 12, 2024.

Continue Reading SAMR Streamlined Merger Notification Forms for Simple Cases