EU competition law

EU competition law

This subtopic provides an overview of EU competition law. It is aimed at lawyers who need a high level overview of the legal framework and key issues, and who are not specialised in Competition Law. For in-depth practical guidance on EU competition law, see the Competition Law practice area (subject to subscription).

EU competition regulation

The European Commission, in particular the Commission's Directorate-General for Competition known as 'DG Comp', is the main EU regulator tasked with enforcing and supervising EU competition law. It investigates and takes action against particular types of behaviour, for example cartel activity and dominant companies trying to leverage their market power. It also investigates merger cases.

There are four principle areas of EU competition law:

•
the prohibition on anti-competitive agreements under Article 101 TFEU
•
the prohibition on the abuse of a dominant position under Article 102 TFEU
•
merger control under Regulation 139/2004, the EU Merger Regulation (EUMR), which requires the prior notification of transactions that meet the required thresholds to the European Commission
•
the prohibition on illegal State aid under Articles 107–109 TFEU, where a Member State provides

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest EU Law News

Automated decision-making and DSARs: right to access means a right to explainability (CK v Magistrat Der Stadt Wiendun & Bradstreet Austria GMBH)

Information Law analysis: The Court of Justice provided several clarifications around the scope of data subject access requests (DSARs) in the context of automated decision-making. The court held the determining factor for whether information constitutes ‘meaningful information about the logic involved’ under Article 15(1)(h) of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is whether the information enables the data subject to understand the logic involved in automated decision-making involving their personal data. The court also held disclosure by controllers should be underpinned by the principles of transparency, which requires information to be clear, accessible and intelligible, both in terms of content and form, from the perspective of data subjects. In the context of automated decision-making this doesn’t necessarily mean providing the exact algorithm, if it doesn’t help the data subject’s understanding of the ‘how’. The court confirmed DSARs do not mandate the disclosure of trade secrets, but this can only be decided by the relevant supervisory authority or competent court, after assessing all relevant information provided to them by a controller. The protection of trade secrets cannot be used as a blanket excuse by businesses to withhold certain information from individuals making a request under Article 15(1)(h) of the EU GDPR. Written by Marija Nonkovic, associate at Kemp IT Law LLP.

Commission proposes measures to support wine sector

The European Commission has proposed a series of measures to maintain the competitiveness and resilience of Europe's wine sector. The proposal includes targeted measures to manage production capacity, adapt to consumer preferences, and explore new market opportunities. These measures also aim to maintain the economic vitality of rural areas dependent on wine industry employment.

Court of Justice urged to uphold €60m Teva pay-for-delay fine

Law360, London: An adviser to the Court of Justice said on 27 March 2025 that it should uphold €60.5m in fines against Teva and its subsidiary Cephalon for an alleged conspiracy to keep a generic version of Provigil off the shelves.

Commission reviews Health Emergency Preparedness and Response Authority operations

The European Commission has published a review of the Health Emergency Preparedness and Response Authority (HERA) on 27 March 2025, examining its operations since establishment in September 2021. The review assesses HERA's effectiveness in strengthening EU health security through medical countermeasure development, production and distribution. With €6bn funding through 2027, HERA coordinates threat assessment, research, stockpiling and crisis response. The review identifies areas for improvement including clearer delineation of responsibilities with other EU bodies and more tailored funding mechanisms. The Commission maintains HERA should remain an internal service rather than becoming a separate agency.