Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 AUGUST 2007

An Unfortunate Turn For Europe

Allen & Overy
Explore more from Allen & Overy

As the curtain closes on the Brussels summit it is time to reflect on the implications of the removal of the reference to "free and undistorted" competition from the Union’s objectives. Commissioner Kroes is of course saying today that it is business as usual but it is hard to ignore the statements attributed to the instigator of this change.

European UnionAntitrust/Competition Law
Antonio Bavasso
Antonio Bavasso

Originally published June 29, 2007 with the permission of eCCP.

As the curtain closes on the Brussels summit it is time to reflect on the implications of the removal of the reference to "free and undistorted" competition from the Union’s objectives. Commissioner Kroes is of course saying today that it is business as usual but it is hard to ignore the statements attributed to the instigator of this change.

President Sarkozy, who refers to competition as a "dogma" and salutes a new era for European champions. This short-term view is bad news for Europe and, if not resisted, has the potential to generate a downward spiral in international relations.

Many argue that the references now contained in the separate protocol do not change the status quo (and President Barroso appears to believe that this adds legal certainty) but the political significance of the change cannot be overstated. President Sarkozy has little in common with the Leopard, the protagonist of the novel set in 19th

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Broadcom/VMware: EU General Court Again Weighs In Favour Of Commission’s Broad Information Gathering Powers

The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.
European UnionAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

The CMA Turns To Enterprise Software: Microsoft’s Proposed Strategic Market Status

Until now, the UK’s digital markets regime has been aimed at consumer-facing technology: search engines, app stores, mobile operating systems. On 16 October 2026, the Competition and Markets Authority took it somewhere new, publishing a proposed decision to designate Microsoft as having strategic market status in respect of its business software ecosystem. It is the first time the regime has been turned on the software companies buy for themselves rather than the platforms their customers use.
United KingdomAntitrust/Competition Law
Logan & Partners
Logan & Partners
Article

UK Competition And Markets Authority Publishes Final Revised Merger Efficiencies Guidance

The UK's Competition and Markets Authority has published revised guidance on assessing merger efficiencies, marking a significant shift toward greater receptivity to efficiency-based arguments in merger reviews. The new provisions introduce more flexible evidentiary standards, recognize the potential role of behavioral remedies in securing efficiencies, and encourage parties to advance efficiency claims earlier in the review process without implying acceptance of competitive concerns.
United KingdomAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

UK FCA Accepts Novel Commitments Package To Resolve Antitrust Investigation Into Commodity Futures Traders

The UK Financial Conduct Authority has accepted binding commitments from 11 day traders following an investigation into suspected exchange of competitively sensitive information and coordination of trading strategies in commodity futures markets. The decision highlights critical compliance priorities for firms operating trading arcades and shared trading infrastructure, while leaving key legal questions deliberately unanswered. What does this enforcement action signal about the FCA's approach to antitrust e
GlobalAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

A Precedent For The Platform Age: The Booking/eTraveli Judgment And Its Implications For Digital M&A

The European General Court has upheld the Commission's prohibition of Booking's acquisition of eTraveli Group, endorsing a novel 'ecosystem' theory of harm that allows intervention even where market share increases are minimal. This landmark ruling significantly expands the Commission's ability to challenge acquisitions by dominant firms in digital markets, establishing that transactions which merely perpetuate existing low levels of competition can constitute significant impediments to effective
United KingdomAntitrust/Competition Law
Slaughter and May
Slaughter and May
Article

Few Surprises, As The CMA Finalises Its Revised Approach To Merger Efficiencies

The UK Competition and Markets Authority has formalised its new approach to assessing efficiency arguments in merger control cases, marking a significant shift toward a more holistic evaluation framework. This updated guidance, which emerged from the CMA's 4Ps initiative, introduces the concept of Rivalry-Enhancing Efficiencies and establishes clearer pathways for merging parties to demonstrate competitive benefits.
United KingdomAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

New EU Dominance Guidelines Target Rebates, Self-Preferencing And Digital Platforms

The European Commission's revised Article 102 TFEU guidelines represent a significant shift in EU competition enforcement, moving away from economics-driven analysis toward formalistic presumptions of harm. Companies operating in digital markets face stricter scrutiny of pricing practices, platform access restrictions, and self-preferencing conduct, with the EC introducing controversial per se abuses and limiting cost-based defenses. This comprehensive analysis examines how the new framework affects exclusi
European UnionAntitrust/Competition Law
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP