On 9 July 2025, the General Court of the European Union delivered its judgment in Case T-188/24 Michelin, addressing the scope of the European Commission’s powers to conduct on-site inspections (so-called dawn raids) under EU competition law. The Court broadly confirmed the Commission’s powers but sided with the claimant in partially annulling the Commission’s inspection decision, highlighting the requirement for a sufficient statement of reasons before the Commission may search companies’ premises. This judgement also gives insights into the European Commission’s increased efforts to uncover anticompetitive conduct ex officio in the context of a significant reduction of immunity/leniency applications. Continue Reading Fishing Expedition or Legitimate Dawn Raid? The Latest on European Commission’s Cartel Enforcement and Dawn Raids from the EU’s General Court

As part of its European Economic Security Package, the European Commission (‘Commission’) has recently proposed a number of legislative proposals and White Papers intended to better protect Europe’s strategic interests. We have covered the wider initiative here.Continue Reading The EU Commission Gets Serious About Foreign Direct Investment Screening

This blog article is relevant to all companies which are parties to a vertical agreement (i.e. an agreement entered into between two parties operating at different levels of trade – typically distribution agreements) concerning the sale or purchase of products or services in the European Union/European Economic Area.Continue Reading Non-Exclusive: Dual Distribution and Exclusivity

According to the longstanding case law of the Court of Justice of the European Union (the “Court”), rebates which are conditional upon a purchaser buying all or most of its requirements from a dominant supplier (so called “exclusivity” or “loyalty” rebates) have been presumed to be abusive on the basis that they are by their very nature anticompetitive. The Intel judgment of 6 September 2017 marks a shift by the Court from this per se approach: for the first time, the Court suggests the need for an assessment of their anticompetitive effects on a case by case basis.
Continue Reading Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EU

The Supreme Court of the United Kingdom by a majority of 8 to 3 has today confirmed that triggering the exit procedure from the European Union requires an Act of Parliament.

As such the Supreme Court disagreed with the current UK Government which had argued that Government ministers could rely on their prerogative powers to trigger Article 50 of the Treaty on the European Union without prior authorisation by Parliament. Scottish Parliament, Welsh and Northern Ireland assemblies had argued that they too should be consulted. The judges did not agree with that view.Continue Reading Bre(xit)aking News

Invoking Article 50 of the Treaty of the European Union requires participation of the UK Parliament say Lord Chief Justices Lord Sales and Lord Thomas of the Royal Courts of Justice in London who handed down their judgment today.

This is a significant step, but only a step along the way. The final outcome remains uncertain as this judgment will most likely be appealed by the Government to the Supreme Court. Hence, the uncertainty caused by Brexit to businesses remains if it is not further increased.Continue Reading Brexit News: UK Judges Throw a Block in the Road of Article 50