Competitive Edge Newsletter: Competition & EU Law - October 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
Android Auto: Forcing doors open or incentivising them shut? Platform interoperability under Article 102
A European Court of Justice ruling this year has significantly altered the rules for dominant platforms refusing third-party access. The Android Auto case suggests that opening your platform to even some third parties may trigger obligations to open it to all - without meeting the traditionally strict 'indispensability' test. But could this create a perverse incentive for dominant companies to keep platforms entirely closed rather than experimenting with selective partnerships? Read the article by Rakel Rosshagen and Morten Nissen to understand the shifting legal landscape and what it means for platform operators navigating between the DMA's gatekeeper rules and Article 102 TFEU.
Updates from our jurisdictions
EU
Avoiding Risks When Responding to Competition Authority Information Requests: Lessons Learnt from the Commission's Eurofield Decision
If you need more information or further guidance in this area, please contact Anne Federle or David Wouters.
Belgium
Lessons learnt after two years of FDI screening: data takes centre stage
If you need more information or further guidance in this area, please contact Baptist Vleeshouwers or Claire De Neve.
Hungary
Protecting Children from Misleading Practices in Mobile Gaming: Insights from the Hungarian Competition Authority
If you need more information or further guidance in this area, please contact Gabor Kutai or Kinga Kálmán.
Italy
Data Integrity in Merger Control: Italian Competition Authority Fines CONAD Cooperative for Misleading Information
If you need more information or further guidance in this area, please contact Federico Marini Balestra or Bianca Maria Gorlero.
Netherlands
Beyond the Threshold: the Dutch Competition Authority gains new powers to tackle below-threshold acquisitions
If you need more information or further guidance in this area, please contact Pauline Kuipers.
UK
Labour markets: CMA guidance puts recruitment practices in the spotlight
If you need more information or further guidance in this area, please contact Dr Saskia King, Ariane Le Strat or Tenisha Cramer.
Events and webinars
Conference
The European ESG Litigation Forum
4 November | Amsterdam, the Netherlands
This forum brings together practitioners from across Europe to explore the rapidly evolving landscape of ESG litigation and regulatory developments shaping corporate accountability. Pauline Kuipers will be speaking on a panel examining how the Corporate Sustainability Due Diligence Directive (CS3D) is being implemented across different European jurisdictions, and what this patchwork of state regulations means for corporate clients navigating their compliance obligations.
More information & registration here
Conference
IBA 2025
2 - 7 November | Toronto, Canada
Our Brussels-based Competition and Trade partner Hein Hobbelen will be attending the International Bar Association (IBA) Annual Conference in Toronto, alongside a delegation of Bird & Bird lawyers from across our global network. With over 5,000 attendees expected from more than 130 jurisdictions, the IBA Annual Conference is the legal community's premier global networking and business development event. We look forward to connecting with clients and colleagues in Toronto's dynamic business metropolis.
More information & registration here
Webinar
International Business-to-Consumer Annual Update
12 November | 16:00 - 17:30 GMT | Online
London-based Competition partner Dr Saskia King will be speaking at our International Business-to-Consumer group’s Annual Update webinar. The team will be sharing expert insights on emerging consumer law developments, including the Digital Fairness Act, green claims under the Empowering Consumers Directive, and the growing landscape of consumer litigation across the UK and EU. Saskia will offer practical guidance on the CMA’s approach to consumer complaints and enforcement.
More information & registration here
Webinar
UK Merger Control update
13 November | 13:00 - 13:45 GMT | Online
Join our Competition law experts Dr Saskia King, Ariane Le Strat and Emma Bermingham, alongside Cristina Caballero Candelario, Principal at Fingleton, for essential insights on the evolving UK merger control regime. Having recently served as Assistant Director of Mergers at the CMA, where she led numerous high-profile Phase One and Phase Two investigations and was part of the Mergers Intelligence Committee, Cristina will provide further perspectives on this critical area of law.
The focused 45-minute session will explore how political pressures and policy shifts are reshaping UK merger control, what the first year of the hybrid threshold reveals, and provide practical guidance for deal teams navigating this changing landscape.
This webinar is designed for in-house counsel and corporate lawyers managing UK M&A transactions.
Register for the free webinar here
Webinar
Protection of Competition and Consumers: New Obligations, Regulations and Enforcement
17 - 18 November | Online
On 17–18 November 2025, Marcin Alberski will speak at MMC Polska’s online workshop Protection of Competition and Consumers - New Obligations, Regulations and Enforcement, presenting on compliance in competitor relations. He will focus on common forms of cooperation and examples of anticompetitive practices, including no poaching and wage fixing, the exchange of sensitive commercial information between competitors, and competitive conduct within distribution chains. He will also outline the liability of parent companies for the actions of their subsidiaries.
The online event will be conducted in Polish.
Webinar - Save the date
Navigating the New Era of FDI Screening – Sensitive Sectors and Cross-Border Deals
25 November | 12:30 - 13:15 GMT | Online
Foreign Direct Investment (FDI) screening is reshaping cross-border deals – are you ready?
Join our international panel of Bird & Bird FDI experts for an insightful webinar on navigating the new FDI screening landscape – and what it means for your cross-border deals.
In just 45 minutes, we will use real-world case studies to:
- Tackle the toughest challenges deal teams face in cross-border transactions right now
- Share insights from recent FDI reviews in key jurisdictions, including the UK and across the EU
- Provide practical guidance on structuring deals, internal re-organisations, managing timelines, remedies and avoiding common pitfalls
This session is designed for in-house counsel, M&A and private equity deal teams, and compliance professionals navigating complex cross-border investments.
Full agenda and speaker lineup to follow
In-person Conference
The Nordic Competition Law Summit 2025
26-27 November | Copenhagen, Denmark
The Nordic Competition Law Summit, organised by Thought Leaders 4 Competition, is a new pan-Nordic forum, which will bring together competition law specialists from across the region for expert insights and practical discussion on key regulatory and procedural developments. Our Copenhagen-based partner Morten Nissen will be speaking on below merger thresholds from a complainant perspective, drawing on the team's recent experience with complaints to the Danish Competition and Consumer Authority.
Bird & Bird news
We're pleased to share that five members of our competition team have been recognised as Key Lawyers in the Legal 500 2026 UK Competition law rankings. Congratulations to Dr Saskia King, Peter Willis, Ariane Le Strat, Emma Bermingham and Tenisha Cramer on this acknowledgement of their work advising clients on complex competition matters across the UK and beyond - supported by the excellent work of the wider team. As always, a big thank you to our clients for taking the time to participate in the research and for their valuable feedback.
Partner reappointed as NGO Advisor to Danish Competition Authority
Morten Nissen, co-head of our global Competition Law practice, has been reappointed as Non-Governmental Advisor to the Danish Competition and Consumer Authority for ICN abuse of dominance matters. This reappointment reflects Morten's expertise and continued contribution to international competition policy development.
Latest insights
More Insights
No More Paws for Concern? CMA's Provisional Decision Prescribes Major Reforms for UK Veterinary Sector
6 minutes Oct 23 2025
Deregulating Deforestation – real effective simplification or playing regulatory Jenga?
10 minutes Oct 22 2025
Belgium – Lessons learnt after two years of FDI screening: data takes centre stage
5 minutes Oct 15 2025