European Union: Antitrust/Competition Law

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Article
Grab and Go: EU Top Court Allows Antitrust Enforcers to Seize Work Emails Without Approval
The Court of Justice of the European Union has ruled that national competition authorities may seize business emails during dawn raids without prior court authorization, provided the seizures are legally grounded and strictly limited to the inspection's subject matter. While the decision grants authorities significant power, it establishes important safeguards, particularly for mixed-use devices containing both professional and private data, which may require prior judicial review before access is permitted
European Union Anti-trust
JD
Jones Day
Article
European Commission –Investigation Opened Into Possible Gun-Jumping In XXXLutz's Acquisition Of Porta
The European Commission has launched a formal investigation into potential gun-jumping violations by XXXLutz and Porta regarding XXXLutz's proposed acquisition of Porta, an Austria-Germany furniture retail transaction announced in January 2025. The investigation examines whether the parties may have implemented the merger before obtaining required regulatory approval, despite the transaction having an EU dimension requiring Commission notification.
Germany Anti-trust
N
Nazali
Article
CJEU Clarifies Limits On NCAs’ Powers To Seize Business Emails And Access Employees’ Personal Devices During Inspections
The Court of Justice of the European Union has issued a landmark ruling clarifying the extent to which National Competition Authorities can seize business emails and access employees' personal devices during antitrust inspections. The judgment addresses the critical balance between effective competition enforcement and fundamental rights to privacy and data protection, establishing new procedural safeguards that will impact how dawn raids are conducted across the EU.
European Union Anti-trust
KL
Herbert Smith Freehills Kramer LLP
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Antitrust, EU Competition

Article
Grab and Go: EU Top Court Allows Antitrust Enforcers to Seize Work Emails Without Approval
The Court of Justice of the European Union has ruled that national competition authorities may seize business emails during dawn raids without prior court authorization, provided the seizures are legally grounded and strictly limited to the inspection's subject matter. While the decision grants authorities significant power, it establishes important safeguards, particularly for mixed-use devices containing both professional and private data, which may require prior judicial review before access is permitted
European Union Anti-trust
JD
Jones Day
Article
CJEU Clarifies Limits On NCAs’ Powers To Seize Business Emails And Access Employees’ Personal Devices During Inspections
The Court of Justice of the European Union has issued a landmark ruling clarifying the extent to which National Competition Authorities can seize business emails and access employees' personal devices during antitrust inspections. The judgment addresses the critical balance between effective competition enforcement and fundamental rights to privacy and data protection, establishing new procedural safeguards that will impact how dawn raids are conducted across the EU.
European Union Anti-trust
KL
Herbert Smith Freehills Kramer LLP
Article
European Commission –Investigation Opened Into Possible Gun-Jumping In XXXLutz's Acquisition Of Porta
The European Commission has launched a formal investigation into potential gun-jumping violations by XXXLutz and Porta regarding XXXLutz's proposed acquisition of Porta, an Austria-Germany furniture retail transaction announced in January 2025. The investigation examines whether the parties may have implemented the merger before obtaining required regulatory approval, despite the transaction having an EU dimension requiring Commission notification.
Germany Anti-trust
N
Nazali
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Trade Regulation & Practices

Article
Fit For Purpose, But Not Frictionless: The European Commission Delivers Its First Verdict On The Foreign Subsidies Regulation
The European Commission has delivered its first three-year review of the Foreign Subsidies Regulation, declaring the enforcement framework "fit for purpose" while acknowledging significant administrative burden on market participants. Though the regime has processed thousands of notifications since 2023, resulting in only a handful of in-depth investigations, the Commission has committed to targeted procedural simplifications expected in 2027, even as it doubles down on scrutinizing state-backed acquirers a
European Union Anti-trust
SR
McDermott Will & Schulte
Article
Marking Its Own Homework, Or A Genuine Attempt To Reform? The EC Reviews The Foreign Subsidies Regulation
The European Commission has published its review of the Foreign Subsidies Regulation (FSR), addressing widespread concerns about the regime's disproportionate compliance burden on M&A deals and procurement procedures. While the EC maintains the instrument is "fit for purpose," stakeholders and independent studies reveal significant administrative challenges, with only 1% of notified M&A deals warranting in-depth review and proposed reforms falling short of the fundamental redesign many had requested.
Germany Anti-trust
AO
A&O Shearman
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