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Europe needs bold, innovative companies that can compete on the global stage. We have the talent. Now we must build the environment for Europe’s next champions.”, Commission President von der Leyen said yesterday when the draft Merger Guidelines were published.

For the first time in 20 years, the EU Merger Guidelines are undergoing a substantial overhaul. Long discussed, particularly following the publication of the Draghi report on EU competitiveness and the mission letter by President von der Leyen in 2024, the update aims to address transformational shifts that have occurred since the current framework’s inception. These range from digitalisation to decarbonisation, with added urgency stemming from an increasingly complex geopolitical and geoeconomic environment. The publication follows a Call for Evidence that included an initial public consultation launched in May 2025 and a series of stakeholder events held by the Commission. Submissions received from stakeholders over the course of the review process have informed the preparation of the text that was now published.

In a series of upcoming briefings, we will deep dive into the revised framework and its implications for industry stakeholders.

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The European Commission (EC) continues to intensify its scrutiny of territorial supply constraints (TSC). On 13 April 2026, it carried out another set of dawn raids in the consumer goods sector, reportedly at two European premises of one of the world’s largest sweet-packaged food producers. The inspections closely follow the EC’s decision in May 2024 to impose a fine of EUR 337.5 million on chocolate giant Mondelēz. The allegation in both cases: anticompetitive TSCs imposed on distributors. Both cases fit into a broader pattern of increased antitrust scrutiny of territorial restrictions in the consumer goods sector. What is at stake and what can suppliers do to stay out of the spotlight?

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Amongst the pressing topics regarding the Defence Industry and the current challenges it faces is the question how competition policy can contribute to Europe’s security.

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BLOMSTEIN advised Dragsbæk A/S, a subsidiary of Orkla Food Ingredients and a Danish producer of hybrid dairy products and specialty fats, on merger control and foreign direct investment aspects in connection with its acquisition of Vortella Lebensmittelwerk W. Vortmeyer GmbH.

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BLOMSTEIN hat für Fastned einen richtungsweisenden Erfolg im Streit um die Errichtung von elektrischer Schnellladeinfrastruktur an bewirtschafteten Autobahnraststätten in Deutschland erzielt. Das Oberlandesgericht Düsseldorf hat heute entschieden, dass die im Jahr 2022 erfolgte milliardenschwere Erweiterung bestehender Konzessionen zur Errichtung von Schnellladeinfrastruktur zugunsten des Unternehmens Tank & Rast vergaberechtswidrig war.

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Digital finance and mobile payments already account for a material chunk of retail financial transactions. Fintech adoption rates are rising in all major markets. With this comes a scramble for a share of the profits, market share and control of technological bottlenecks. In recent years, Big Tech has made steady inroads into financial services. Tech giants are using their ecosystems, technological advantages and access to large amounts of data to increase their foothold in the financial industry. Can the Digital Markets Act (DMA) shift the balance of power in this competition? All signs point to yes: The DMA creates unprecedented commercial opportunities, especially for digital and mobile payment providers and banks. These include access to data and interfaces such as NFC chips in mobile devices, safeguards ensuring non-discriminatory placement and other entry points into the ecosystems of digital gatekeepers. Some notable players are already gearing up to launch new products and reap the 'DMA dividend'. Our briefing explains which doors the DMA opens up for digital finance.

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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.

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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.

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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.

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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.

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