Market Intelligence

The European Commission has cleared the Airbus/Air France joint venture in a landmark decision that marks the first time efficiency claims were assessed during Phase I merger review. While the transaction was ultimately approved without relying on these efficiencies due to lack of competitive concerns, the Commission's willingness to examine cost synergies, logistics benefits, and consumer advantages signals a potentially more receptive approach to efficiency arguments in future merger cases.

Can a company recover a competition fine from the director who caused the infringement? An Advocate General's opinion examines whether EU competition law permits undertakings to shift the financial burden of regulatory penalties onto individual members of their management bodies, exploring the fundamental tension between corporate liability and personal accountability in antitrust enforcement.

The European Commission's approach to mobile market consolidation has evolved significantly over two decades, from conditional acceptance of four-to-three operator mergers to more recent clearances of three-player markets. This article traces the Commission's decisional practice through landmark cases, examines the legal framework established by EU Courts, and considers how these precedents might apply to a potential three-to-two mobile network consolidation in Malta.

The European Commission has made legally binding Sanofi's commitments to cease disparaging a competing flu vaccine following an antitrust investigation. The pharmaceutical giant faced scrutiny over marketing practices in Germany and France that allegedly misrepresented evidence and national vaccination recommendations regarding rival product Fluad.

The EU General Court's landmark Booking/Etraveli judgment validates the European Commission's power to block digital mergers based on entrenchment theories, even without horizontal overlaps or significant market share increases. This watershed ruling arrives alongside new Article 102 Guidelines and draft Merger Guidelines that reshape how dominant platforms must justify acquisitions and demonstrate competitive benefits in ecosystem markets.

Nathalie Jalabert-Doury examines the most significant competition law developments from the first half of 2026 affecting the public works and construction sector. The analysis spans French and EU regulatory changes, including cartel fining decisions in overseas territories, antitrust damages litigation, merger control threshold adjustments, and a sectoral investigation into construction transport.