Market Intelligence

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 European Court of Justice has confirmed the European Commission's prohibition of Booking Holdings' planned acquisition of the Etraveli Group, marking the first judicial recognition of a 'reverse leveraging' harm theory in merger control. This landmark ruling demonstrates that even minimal market share increases may not protect platform companies with market power from prohibition when acquiring businesses in complementary markets.

The European Commission has launched a formal investigation into potential gun-jumping violations by XXXLutz and Porta regarding XXXLutz's proposed acquisition of Porta, an Austria-Germany furniture retail transaction announced in January 2025. The investigation examines whether the parties may have implemented the merger before obtaining required regulatory approval, despite the transaction having an EU dimension requiring Commission notification.

The German competition authority has levied significant fines against three companies for coordinating prices in the test and measurement equipment market. What led to the discovery of this anti-competitive behavior, and how did the companies' cooperation during the investigation influence the final penalties?

The European Commission has published its review of the Foreign Subsidies Regulation (FSR), addressing widespread concerns about the regime's disproportionate compliance burden on M&A deals and procurement procedures. While the EC maintains the instrument is "fit for purpose," stakeholders and independent studies reveal significant administrative challenges, with only 1% of notified M&A deals warranting in-depth review and proposed reforms falling short of the fundamental redesign many had requested.

The German Federal Court of Justice has established new boundaries for bundled cartel damages claims, requiring structured presentation and judicial feasibility while scrutinizing litigation funding agreements for conflicts of interest.