As part of our response to the European Commission’s consultation on possible reforms to its merger guidelines,[1] we provided our views on Topic Paper B – Assessing Market Power.

On September 8, 2025, the Commission imposed a fine of around €172,000 on Eurofield SAS and its parent company, Unanime Sport SAS, for providing incomplete information during an ongoing antitrust investigation. This marks the first time the Commission has imposed a fine for the provision of incomplete information in reply to a request for information (“RFI”) in the context of an antitrust procedure.[1] The Commission announced it “will not hesitate to pursue similar cases in the future.” [2]

On Friday, the Court in Texas v. Blackrock issued an opinion largely denying defendants’ motion to dismiss, which allows a coalition of States to proceed with claims that BlackRock, State Street, and Vanguard conspired to violate the antitrust laws by pressuring publicly traded coal companies to reduce output in connection with the investment firms’ ESG commitments. The Court found that the States plausibly alleged that defendants coordinated with one another, relying on allegations that they joined climate initiatives, made parallel public commitments, engaged with management of the public coal companies, and aligned proxy voting on disclosure issues. It is worth noting that, while the court viewed BlackRock’s, State Street’s, and Vanguard’s participation in Climate Action 100+ and NZAM as increasing the plausibility of the claim in favor of denying the motion to dismiss, the Court clarified that it was not opining that the parties conspired at Climate Action 100+ or NZAM.

On June 11, 2025, the French Competition Authority (“FCA”) issued its first-ever decision[1] sanctioning no-poach agreements as stand-alone infringements.[2] Fines totaling EUR 29.5 million were imposed on three companies operating in the engineering, technology consulting, and IT services sectors.