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.

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.

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.

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.

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.

BLOMSTEIN is becoming (even) more international: On 1 October 2025, we are expanding our European presence and will open an office in Brussels. With BLOMSTEIN already being strongly connected across Europe and globally, the new Brussels office marks the natural next step in our international footprint and strengthens our proximity to European institutions.