European Commission Executive Vice-President Teresa Ribera has her work cut out for her. As Commissioner for a Clean, Just and Competitive Transition, she is not only responsible for steering the European Commission’s competition policy through 2029 – a formidable task in itself – but also for coordinating the Commission’s Clean Industrial Deal alongside commissioners responsible…
On 24 September 2024, the European Commission (EC) issued the long-awaited first decision (under phase II of the concentration tool) of the new Foreign Subsidies Regulation (FSR). It took another long wait of seven months, but a provisional public version of the commitment decision in the e&/PPF transaction (Case FS.100011) was published on 4 April…
The DMA celebrates its second year of application. Since its existence, the regulation has brought changes to the digital space but also regulatory unpredictability in terms of legal standards and enforcement strategies. It’s, however, a time to reflect on the DMA’s achievements and there is nothing better to assess that than to look out for…
The European Commission’s study on 20 years of EU antitrust remedies finds that while most remedies in antitrust cases were implemented, less than half achieved their intended effect. EU law currently subordinates structural remedies – such as divestments – to behavioral fixes. The study recommends scrapping this hierarchy, as behavioral remedies in particular often proved…
Time present and time past Are both perhaps present in time future, And time future contained in time past. From T. S. Eliot, Four Quartets Establishing an antitrust infringement can already be an arduous task. Yet, effective antitrust enforcement increasingly requires designing remedies that go above and beyond just prohibiting the infringing behaviour. This…
The new European Commission (the “Commission”) has an ambitious mandate, with economic growth and competitiveness at its heart. On 29 January 2025, the Commission published a Communication entitled “A Competitiveness Compass for the EU” (“Compass”) to guide its work for the next five years. The Compass outlines a strategic framework aimed at enhancing the competitiveness…
On 14 January 2025, the European Commission (“Commission”) published the findings of its first investigation under the EU’s International Procurement Instrument (“IPI”). Findings of the investigation concludes that China unfairly treated EU medical devices and suppliers in its public procurement.[1] The Chinese government did not contest these findings, but noted (accurately) that it had not…
With the introduction of the Foreign Subsidies Regulation (FSR), the European Union (EU) embarked on a new regulatory era. This landmark regulation aims at addressing the distortive effects of subsidies granted by foreign – non-EU – countries to companies operating within the EU, and ensuring a level playing field and fair competition across the internal…
Key message The discretion afforded to the European Commission (‘EC’) is of central importance with regard to the implementation and enforcement of the Digital Markets Act (‘DMA’). If viewed as arbitrariness, particularly in view of a normative framework that arguably permits such a perspective, the European Commission’s decisions may potentially jeopardise the rule of law…
Five years ago, the EU adopted the Foreign Direct Investment (FDI) Regulation as a key trade measure to address an increasingly complex geopolitical stage. Since it became applicable, in 2020, the number of FDI regimes in place in Europe has almost doubled (from 14 to 24), leading to an aggregate screening of over 4,000 transactions…
