Competitive Edge: Competition & EU Law - April 2025
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Keeping you up to date on Competition & EU law developments in Europe and beyond.
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In Focus
Is Competition Law suitable for Labour Markets?
In this month's article, Marcin Alberski and his colleagues from the Warsaw office delve into the complexities of applying competition law to labour markets. They provide insights into defining labour markets and discuss the implications of treating non-business entities as undertakings.
Globally, there is increased scrutiny on labour markets, with notable developments in the US and EU. In 2016, the US DOJ and FTC targeted wage-fixing and no-poach agreements, deeming them per se illegal. In the EU, we observed antitrust actions against sports leagues, which led to broader enforcement across various sectors, from food delivery services to IT services. The European Commission is investigating no-poach agreements, highlighting their negative impact on employees and competition. As authorities focus on labour markets, we anticipate precedent-setting decisions that could reshape the application of competition law in this area. Discover more about these developments and their potential impact by reading the full article.
Dawn Raid App
Essential information at your fingertips before, during and after a surprise investigation
Stay prepared! Download our free Dawn Raid App, which provides you with step-by-step guidance for handling dawn raids by competition authorities.
The app equips you with checklists, tips for conduct during and after a raid, and crucial information about your rights and obligations. Access a list of frequently asked questions and connect quickly with Bird & Bird emergency contacts in case of a surprise investigation.
The app is available for download from the Apple App Store and Google Play in English, French, and Finnish.
More information and links to download the app here
Updates from our jurisdictions
Australia
ACCC consults on draft merger guidelines
If you need more information or further guidance in this area, please contact Thomas Jones, Matthew Bovaird, Patrick Cordwell, and Dylan McGirr.
Belgium
Redefining Economic Dependence: The Tunstall Case and its impact on Licensing Refusals
If you need more information or further guidance in this area, please contact Baptist Vleeshouwers and Claire De Neve.
Czech Republic
Czech NCA Publishes New Vertical Agreements Guidelines: What to Keep an Eye out for?
If you need more information or further guidance in this area, please contact Martin Taimr, Vojtěch Chloupek and Matej Šinkovic.
Denmark
Breaking Boundaries: Denmark's Crackdown on Market sharing
If you need more information or further guidance in this area, please contact Morten Nissen, Alexander Brøchner, and Stefan Brkic.
Unmasking digital healthcare collusion: How cooperation in digital advertising violated the competition rules
Read the full story
If you need more information or further guidance in this area, please contact Morten Nissen and Stefan Brkic.
Hungary
Transparency deficiencies in online product selling revealed
If you need more information or further guidance in this area, please contact Gabor Kutai and Kinga Kálmán.Italy
Italian Competition Authority investigates marketplace ban in selective distribution networks
If you need more information or further guidance in this area, please contact Federico Marini Balestra, Lucia Antonazzi and Bianca Maria Gorlero.
Netherlands
Call-in powers for the Dutch competition authority: proposal to bring below threshold concentrations under scrutiny of the ACM
If you need more information or further guidance in this area, please contact Pauline Kuipers, Tialda Beetstra and Quirijn Mohr.
Spain
Spain’s FDI flows in 2024: Key insights according to the latest official report
If you need more information or further guidance in this area, please contact Candela Sotes.
UK
A Formula for Change: CMA issues final recommendations in Infant Formula market study
Read the full story
If you need more information or further guidance in this area, please contact Dr Saskia King, Ariane Le Strat, Tenisha Cramer and David Pemberton.
Events and webinars
Key Takeaways from EU Foreign Subsidies Regulation Webinar: Cutting-Edge Cases and Insights
Read a concise summary of the key takeaways, along with responses to questions raised during our recent webinar on the FSR, at the link below.
The recording of the webinar is available here. Get in touch with the speakers if you would like to receive the slides or have any further questions.
Key Takeaways from Conference
Informa CompLaw Nordic
25 - 26 March | Stockholm, Sweden
Our Nordics competition partners Morten Nissen and Katia Duncker prepared a short summary of key takeaways from this conference, in which Morten presented on the evolving concept of abuse of dominance with a focus on recent developments in the pharma sector.
Conference
34th Annual IBA Communications and Competition Law Conference
28–29 April | Paris, France
It's not too late to register for the Annual IBA Communications and Competition Law conference in Paris at the end of April.
Our Brussels-based partner Hein Hobbelen will be co-chairing a panel together with Kristina Nordlander on the Digital Markets Act titled 'The DMA in the rearview mirror'. The session will explore recent regulatory initiatives designed to address the distinct features of platform markets, focusing on transparency, market power, and consumer protection. Experts will examine the implications of legislation like the Digital Markets Act (DMA), evaluate its potential effectiveness, and discuss the most effective strategies for promoting competition and innovation within the digital ecosystem.
More information and registration here
GCLC Annual Conference
Present and future role of competition policy and the EU's open strategic autonomy
29 - 30 April | Brussels, Belgium
Don't miss the upcoming 20th Annual Conference of the Global Competition Law Centre (GCLC), focused on exploring the role of competition policy in the European Union's strategy of open strategic autonomy, with discussions around Member States’ interference in competitive markets, the reshaping of EU State aid control, and the evolution of competition policy to align with broader objectives such as sustainability and social fairness. The keynote speech at this event will be delivered by the European Commission's Executive Vice-President Teresa Ribera.
Bird & Bird partner José Rivas will moderate a panel discussing A Forward-Looking Vision for the Future of EU Competition Tools to achieve a Clean, Just and Competitive Transition in view of the EU Open Strategic Autonomy Goals.
Topics covered in this session will include:
- Possible future applications of Article 21(4) EUMR to achieve broader policy objectives
- Any role for Article 106 TFEU in the new framework?
- The future of Article 4(3) TEU under the new paradigm?
- Anticompetitive public regulations.
More information on the conference here
Webinar
Digital Markets, Competition and Consumers Act 2024: What do you need to know?
6 May | Online
Does your business interact with UK-based consumers?
Join us on 6th May for an engaging webinar on the Digital Markets, Competition and Consumers Act (DMCCA), which is poised to transform the consumer law landscape in the UK. The DMCCA introduces new obligations, increased oversight, and stricter penalties for non-compliance, making it essential for businesses of all sizes to understand the upcoming changes.
Our experts in Competition and Consumer Law, Dr. Saskia King, Robert Turner and Victoria Hobbs, will walk you through the key aspects of the new regulation, focusing on the most significant changes and enforcement updates. If your business deals with UK consumers, you will not want to miss this session.
Register for the free webinar here
In-person seminar
The future of Competition law enforcement in the UK
15 May | London, UK | Bird & Bird office
Following last year’s success and numerous requests for a repeat session, we are delighted to invite you to our annual Competition law Networking Seminar in London, featuring distinguished panellists and engaging discussions on the latest cutting-edge competition law issues as seen by regulators and industry experts.
Our guest speakers include:
- Tamara Todorovic – Director, Competition and Markets Authority (CMA)
- Alex Olive – General Counsel, Payment Systems Regulator (PSR)
- Katie Curry – Partner, RBB Economics
- Cintia Aguilar Flores – Legal Counsel, Shell
Join the discussion on topical issues around UK competition law enforcement such as AI, algorithmic collusion, the entry into force of the DMCCA and the current political landscape. Afterwards, enjoy the opportunity to network over drinks and canapés.
Register for the free event here
ERA Conference
Annual Conference on European Media Law 2025
5 - 6 June | Trier, Germany & Online
This event, organised by the Academy of European Law (ERA) in cooperation with the Institute of European Media Law, aims to keep practitioners informed about the latest policy, legislative initiatives, and case law in the field.
Our partner, Pauline Kuipers, will be speaking on the rise of opinion power: how the DMA and DSA impact media-related issues. She will discuss the legal framework limiting market power, recent competition law decisions, and investigations by the European Commission and national competition authorities.
The conference will provide a platform for stakeholders and lawyers in the media sector to discuss recent EU media law initiatives, including topics such as digital sovereignty, cyberattacks, disinformation, the European Media Freedom Act, and the future of media coherence. Don't miss out on this opportunity to stay updated with the latest developments in media law.
In-person breakfast roundtable
Competition law developments in Sport
10 June | 9:00 - 11:00 | London, UK | Bird & Bird
Are you an in-house lawyer at a sport governing body or an economist with interest in the sports sector? Join us for an exclusive breakfast roundtable on the latest competition law developments in sport, featuring a cutting-edge expert panel. We will cover the impact of the Sports Trilogy cases on the future of sport regulation.
Guest speakers:
-
Marie Demetriou KC – Barrister, Brick Court Chambers
- Nick Craig – Chief Operating Officer, English Football League
- Prof. Giorgio Monti – Professor of Competition Law, Tilburg Law School
The panel will be moderated by our competition law partner Dr. Saskia King and sports law partner Richard Bush.
More information and registration here
2025 Florence Digitalisation Summer Conference
Digital sovereignty in a postglobalised world
26 - 27 June | Badia Fiesolana, Italy & Online
This event will explore the concept of digital sovereignty and its impact on competition and innovation in technology markets. This hybrid conference, organised by the Centre for a Digital Society and the OECD Secretariat, will delve into key issues such as the policy objectives of digital sovereignty and its differing interpretations in the EU and USA. Discussions will also cover the influence of digital sovereignty on the development of technologies like 5G, semiconductors and AI, as well as its implications for future competitive dynamics. Don't miss this opportunity to engage with leading voices in the debate on digital sovereignty. Bird & Bird partner Hein Hobbelen will take part in a panel on Semi-Conductors and Manufacturing Resilience.
Bird & Bird news
Congratulations to our Brussels-based competition law experts Anne Federle and Aurélie de Amorin, who have won the prestigious 2025 Antitrust Writing Award! Their insightful article on acqui-hiring, EU: When does the hiring of another company's staff require merger control approval? was selected as the winning article by the jury in the 'Business Articles - Europe' category.
Bird & Bird's competition group has, again, been well represented in the 2025 Legal 500 EMEA guide, earning the 'Client Satisfaction' badge in many jurisdictions. Notably, this year our Danish team moved up to Tier 1 and our Polish team has been highlighted under "Firms to Watch". Other teams recognised for Competition/Antitrust included: Belgium/Brussels (EU competition law, Belgian competition law & trade), Finland, France, Germany, Hungary, Italy and the Netherlands.
Congratulations to our "Leading Partners" Morten Nissen, Pauline Kuipers and Janneke Kohlen, "Next Generation Partner" Dániel Arányi and "Leading Associates" Gábor Kutai and Tialda Beetstra. We are also proud to have more and more recommended individuals recognised in the guide each year (too many to list!).
We are immensely grateful to our clients, who took the time to participate in the research and provide feedback on our teams' performance. Your support motivates us to continue delivering exceptional competition law services across Europe and beyond. We look forward to serving you with the same dedication and expertise that earned us these recognitions.
We are pleased to see our Competition partners Anne Federle, Dr. Stephan Waldheim and Dr. Joerg Witting highly recommended in the 2025 Leaders League Germany guide, for Competition & Antitrust.
