Competitive Edge Newsletter: Competition Law - December 2025

Contacts

morten nissen Module
Morten Nissen

Partner
Denmark

I'm a partner and co-head of our international Competition & EU group. I also lead the Competition & EU team in Denmark. I have a particular focus on applying competition & EU law as a tool to achieve specific and measurable business objectives for our clients.

pauline kuipers Module
Pauline Kuipers

Partner
Netherlands

I am a partner in our NL office, based in The Hague, where I was one of its founding lawyers in 2001.

Keeping you up to date on Competition & EU law developments in Europe and beyond.

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In Focus

Procurement under scrutiny: Bidder exclusion as a growing weapon against anticompetitive practices

Bid-rigging costs taxpayers billions annually, and both public procurement and competition authorities are increasingly deploying a powerful weapon: bidder exclusion, the sanction prohibiting companies from participating in public procurement for a specified period. The OECD’s September 2025 Guidelines, Spain’s first CNMC direct exclusion in July, and the regime shifts in several other EU Member States and the UK all signal a growing enforcement shift. But jurisdictions remain divided on a critical question: how should public procurement interact with competition enforcement? For companies operating in public procurement markets, this enforcement shift requires fundamental reassessment of compliance strategies.

Read the article by Candela Sotés, Pablo Rodríguez Sousa and Álvaro López de Ochoa García to understand how bidder exclusion is reshaping the competitive landscape and why your procurement compliance programmes may need urgent review. 

Read the full story


Updates from our jurisdictions

EU

EU Institutions Reach Political Agreement on New Foreign Direct Investment Screening Regulation 

If you need more information or further guidance in this area, please contact Baptist Vleeshouwers or Tialda Beetstra


Czech Republic 

Czech NCA launches sector inquiry into mobile telecommunications services 

If you need more information or further guidance in this area, please contact Vojtěch ChloupekKristýna Vojtěchovská, or Matej Šinkovic


Denmark 

Trade associations under scrutiny: What the new DCCA guidance means for you 

If you need more information or further guidance in this area, please contact Morten Nissen or Alexander Brøchner


Finland 

Finnish airline proposed to face fine of EUR 7.6 million for procedural competition law infringement

If you need more information or further guidance in this area, please contact Katia DunckerPetteri Metsä-Tokila or Maria Karpathakis


Germany 

Below-Threshold Transactions: First-ever notification obligation for future deals imposed on Rethmann Group 

If you need more information or further guidance in this area, please contact Stephan Waldheim or Tamy Tietze


Hungary 

GVH can now restructure markets without infringement findings – Who should worry? 

If you need more information or further guidance in this area, please contact Dániel Arányi and Gabor Kutai


Italy 

The Administrative Court of Appeal has confirmed the AGCM's decision regarding Google's abuse of a dominant position 

If you need more information or further guidance in this area, please contact Federico Marini Balestra, Lucia Antonazzi and Jacopo Orsi


Netherlands 

Beware of bid rigging – Dutch competition authority dawn raids three construction companies! 

If you need more information or further guidance in this area, please contact Janneke Kohlen or Sander Wagemakers

Update on Dutch call-in power: ACM responds to critical remarks by the Council of State 

Read the full story

If you need more information or further guidance in this area, please contact Pauline Kuipers or Tialda Beetstra


Poland

Poland updates leniency rules: UOKiK issues new guidelines 

If you need more information or further guidance in this area, please contact Marcin Alberski or Stanislaw Szymanek.


Spain

When do information exchanges affect competition? Lessons from the tobacco cartel in Spain regarding Hub-and-Spoke practices 

If you need more information or further guidance in this area, please contact Candela Sotés or Pablo Rodríguez


UK

CMA Launches Major Consumer Enforcement Drive Focused On Online Pricing Practices 

If you need more information or further guidance in this area, please contact Dr Saskia King, Ariane Le Strat, Shona O'Connell or Amy Cole.


Podcast, events and webinars 

Competitive Edge – The Podcast 

Episode 13: REMIT in brief 

In our latest podcast episode exploring REMIT – the Regulation on Wholesale Energy Market Integrity and Transparency, Louis Breen (paralegal, UK), Tialda Beetstra (senior associate, Netherlands) and Clara Desprez (associate, UK) discuss: 

  • Key REMIT prohibitions on insider trading and market manipulation, and obligations on publishing inside information and reporting transaction data 
  • How REMIT intersects with competition law to address market manipulation in energy markets 
  • Key changes introduced by REMIT II in 2024, including enhanced investigative powers for ACER 
  • Recent enforcement trends and practical insights for compliance in wholesale energy markets 

This episode provides essential insights for businesses operating in wholesale energy markets.

Listen to the podcast episode 

If you have any questions or need clarifications, please feel free to contact the speakers


Key Takeaways from recent webinar 

UK Merger Control Update 

On 13 November, our London competition team hosted a webinar on the significant changes to UK merger control following the Digital Markets Competition and Consumers Act (DMCCA). Speakers Dr Saskia King, Ariane Le Strat, and Emma Bermingham, who have all previously worked at the UK Competition and Markets Authority, CMA, were joined by guest panellist Cristina Caballero Candelario, Principal at Fingleton and former Assistant Director of Mergers at the CMA. 

The session covered the CMA's new jurisdictional tests, enhanced enforcement powers, the 4Ps framework (Pace, Predictability, Proportionality and Process), and practical guidance for deal teams navigating the new regime. 

Read the Key Takeaways from the webinar


Key Takeaways from recent webinar 

Navigating the New Era of FDI Screening – Sensitive Sectors and Cross-Border Deals 

Foreign Direct Investment (FDI) screening is reshaping cross-border deals – are you ready? 

If you missed our webinar on 25 November, you can read the key takeaways prepared by our panel of FDI experts across the EU and the UK. Using two case studies, Anthony Rosen, Baptist Vleeshouwers, Tialda Beetstra, Jacopo Nardelli, Tenisha Cramer, Maria Karpathakis and Tamy Tietze provided their insights on navigating the new FDI screening landscape – and what it means for your cross-border deals. 

This session was designed for in-house counsel, M&A and private equity deal teams, as well as investment funds and companies active in sensitive sectors. 

Informa CompLaw conference 

Consumer Protection Forum 

12 February 2026 | London, UK 

Our London-based partner Dr Saskia King has been invited to chair Informa's inaugural Consumer Protection Forum. The event examines the UK Competition and Markets Authority's (CMA) strengthened consumer protection powers and how businesses should respond to increased enforcement around drip-pricing, fake reviews, subscription practices and other emerging issues. The forum brings together the CMA, in-house counsel and enforcement specialists to discuss practical compliance strategies and risk management in the evolving UK regulatory landscape. 

More information and registration 

Get a 20% VIP discount when registering via this link 


Bird & Bird news

We're proud to have been recommended in 9 jurisdictions this year by the Global Competition Review GCR 100: Australia, Brussels, Denmark, Finland, France, Hungary, Italy, the Netherlands, and the UK. 


Recognition in Chambers APAC 2026 guide 

Congratulations to our Competition and Tech & Comms Regulatory expert Thomas Jones for his recognition in the Chambers APAC 2026 guide for TMT: Telecommunications - for the 12th year in a row.

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Update on Dutch call-in power: ACM responds to critical remarks by the Council of State

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