On September 3, 2026, the European Commission (EC) adopted Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings (the Guidelines).
The Competition and Markets Authority (CMA) recently launched an investigation into Microsoft, examining whether the tech giant misled customers about their subscription options.
Around two years after the 11th Amendment of the German Act Against Restraints of Competition (ARC) came into force, the Federal Ministry of Economic Affairs and Energy (Ministry) published a proposal for a 12th revision of the law (the Draft Bill).[1] The Draft Bill seeks to implement the coalition agreement of the German government
On April 30, 2026, the Court of Justice (the Court) delivered its preliminary ruling in CD Tondela and Others, one of its first judgments[1] addressing no-poach restrictions under Article 101 TFEU.[2] The Court held that although no-poach agreements must generally be classified as restrictions “by object”, a specific examination of their context and
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Bjarne Tellmann, CEO of FjordStream Advisors and author of Law in the Era of AI: Clients, Firms, and the Future of the Legal Industry. Their conversation covers a wide array of topics, including innovation and digital transformation in the
On February 18, 2026, following an ex officio investigation launched in July 2024,[1] the French Competition Authority (the “FCA”) issued its Opinion No. 26-A-02 (the “Opinion”) on competition in the online video content creation sector in France.[2] The Opinion identifies several areas of concern in the sector, including creators’ dependence on a small
According to the German Ministry of Economics, the “German Gatekeeper Rule”[1] has proven to be an effective means of ensuring fair competition on digital markets. In its Evaluation, published earlier this month,[2] the Ministry praised the Rule for improving market conditions in the technology sector and promoting innovation and competition since it came
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Antitrust in 2025 was marked by policy developments and enforcement that, while remaining aggressive, became less overtly anti-business. The U.S. continued several Biden-era cases but became more open to settlements, while maintaining
On December 12, 2025, the Digital Markets Act (“DMA”) High-Level Group (“HLG”)[1] endorsed a joint paper on the regulatory interplay on AI-related issues.[2] This paper assesses how to best implement the different legal frameworks that govern AI systems. It underlines the importance of achieving a coherent and consistent implementation of these frameworks and
