Intelligence

The European General Court has upheld the Commission's prohibition of Booking Holdings' acquisition of Etraveli Group, endorsing a novel 'reverse leveraging' theory of harm in platform mergers. This landmark judgment establishes that a dominant platform can be blocked from acquiring a business in an adjacent market even when the transaction produces only a marginal market share increase, if it serves to entrench an already weak competitive environment and make it harder for rivals to challenge the incumbent

The European Commission has adopted final Guidelines on exclusionary abuses of dominance under Article 102 TFEU, introducing a "workable effects approach" that narrows presumptions while expanding guidance on objective justifications and recognizing sustainability benefits as valid efficiencies for the first time. These Guidelines replace the 2008 Enforcement Priorities Guidance and are expected to significantly impact enforcement practices across EU Member States and beyond, particularly for digital market

The Court of Justice of the European Union has delivered its landmark judgment on FIFA's Football Agent Regulations, examining whether rules governing agent licensing, fee caps, multiple representation, and transparency obligations comply with EU competition law, freedom to provide services, and data protection requirements. The decision establishes a comprehensive legal framework for assessing sports governance regulations while leaving critical questions of proportionality and necessity to be determined b

The European Commission has published draft Merger Guidelines representing the most comprehensive modernization of EU merger control in over twenty years. Spurred by landmark reports from Enrico Letta and Mario Draghi calling for regulatory reform to enable European firms to achieve global competitive scale, the draft introduces significant changes including a formal "theory of benefit" framework for efficiencies, an "innovation shield" for startup acquisitions, expanded non-price competition parameters, an

The European Commission has launched an antitrust investigation into Sanofi over allegations that the pharmaceutical giant abused its dominant market position through a misleading communication campaign disparaging a competitor's influenza vaccine. The probe examines whether Sanofi falsely portrayed CSL Seqirus' Fluad vaccine as scientifically inferior while promoting its own Efluelda product to healthcare professionals in Germany and France.

The European Commission has introduced a revised Technology Transfer Block Exemption Regulation and updated Guidelines, effective May 1, 2026, fundamentally reshaping how technology licensing agreements are assessed under EU competition law. The framework introduces significant changes including express provisions for data licensing, extended grace periods for market share thresholds, and new requirements for technology pools and collective negotiations. Companies have until April 30, 2027, to align existin