2026 marks the year of implementation and strategic recalibration for many of the regulatory projects initiated under the previous Commission. Key regulations shift from concept to enforcement and transition to practical compliance obligations for the consumer goods and retail industry: Under the Packaging and Packaging Waste Regulation, sustainability and transparency requirements will become binding, and the Empowering Consumers Directive imposes stricter standards on packaging design and environmental claims.

Navigating expanding regulatory frontiers

The deal-making landscape is changing fast and not in ways that make life easier for businesses and their advisors. In merger control, regulators are actively exploring ways to move beyond the traditional revenue thresholds that have long defined their jurisdiction. Across Europe, the concept of call-in regimes and post-closing reviews is gaining traction. This means that even transactions involving targets without significant market presence could, in future, be drawn into review where strategic concerns arise.

In January of this year, the European Commission implemented economic measures after an anti-dumping investigation against fused alumina imported from China through the Commission Implementing Regulation (EU) 2026/114. This specific anti-dumping procedure includes for the first-time considerations regarding economic security in the anti-dumping investigation and ended up combining anti-dumping duties with tariff rate quotas to balance the diverging interests of producers and users of fused alumina.

On 3 December 2025, the European Commission adopted the RESourceEU Action Plan (COM(2025) 945), a policy package intended accelerate the EU’s Critical Raw Materials (CRM) strategy under the Critical Raw Materials Act (CRMA), in response to growing geopolitical and market risks. The Action Plan marks a shift from medium-term framework objectives to the rapid delivery of operational measures, with particular focus on rare earth permanent magnets, battery raw materials and defence-related raw materials.

Several of the measures announced fall squarely within BLOMSTEIN’s areas of expertise, particularly those addressing economic security, supply chain resilience and the use of trade and funding instruments to counter non-market practices.

Yesterday, the German Federal Cartel Office (FCO) ordered Amazon to end price caps on third-party sellers on its German marketplace and to surrender or “disgorge” the economic benefits it obtained from its anticompetitive conduct (“Vorteilsabschöpfung”). The FCO took issue with Amazon’s price controlling practice and found it to amount to an abuse of dominance. In a first tranche, Amazon was ordered to disgorge almost EUR 59 million. This is the first time the regulator has used its newly strengthened powers to seize benefits resulting from an alleged antitrust infringement. Amazon has already announced that it will appeal the decision.

On 9 January 2026, the European Commission (EC) published Guidelines on the Foreign Subsidies Regulation. The Guidelines provide additional clarity surrounding the application of the Foreign Subsidies Regulation (FSR), particularly with regard to (i) the assessment of distortion, (ii) the balancing test, and (iii) the EC’s powers to “call in” (i.e., request prior notification of) below-threshold M&A transactions or bids in public procurement procedures. This briefing aims to illuminate the new standards introduced by the Guidelines in order to help navigate the still nebulous regulatory landscape under the FSR.

Across Europe competition authorities are increasingly targeting M&A transactions that fall below traditional turnover thresholds. The European Commission (EC) and several National Competition Authorities (NCAs) are expanding their toolkits through call-in powers, post-closing antitrust enforcement and expansive interpretations of existing frameworks to close the gap around below-threshold deals in fear of missing out on so-called killer or roll-up acquisitions. While killer acquisitions mean large established market players buying nascent competitors to eliminate future competition, roll-up acquisitions refer to a company systematically taking over small competitors to achieve consolidation of a fragmented market.

BLOMSTEIN starts the New Year with three celebrations: Elisa Theresa Hauch is promoted to the Antitrust Partnership; Konstantin Kuhle, former Member of the German Bundestag, joins as Special Counsel, and Bruno Galvão is appointed Counsel.

On Wednesday, 3 December 2025, the responsible EU Commissioner Maroš Šefčovič, together with the High Representative for Foreign Affairs and Security Policy Kaja Kallas, presented the Joint Communication on Strengthening Economic Security to the public (JOIN(2025) 977 final). Originally referred to as a “doctrine,” the communication is intended to consolidate previous efforts to promote economic security and, according to Šefčovič, shift them “into a higher gear.” The Communication now outlines various more substantial measures.

The recent “Nexperia crisis” sparked an initiative by the German Automotive Industry Association (VDA) which created a platform enabling carmakers and suppliers to offer and request leftover semiconductor stock. The platform is supposed to mitigate acute chip shortages (notably involving components from Nexperia), which threatens vehicle production in Germany, by effectively connecting players across the industry and efficiently matching supply and demand. The Federal Cartel Office (FCO) gave his blessing with President Andreas Mundt stating that the information exchange implied could improve the allocation of scarce chips and help delay production cuts, ultimately benefiting both the industry and consumers. The VDA semiconductor platform follows a pattern of industry-led digital trading platforms that have sought and received antitrust approval in Germany. This case is interesting as the FCO continues to show its openness for innovative platforms that improve market efficiency, provided certain reliable safeguards are built-in to prevent anti-competitive information exchanges.