Competitive Edge Newsletter: Competition Law - February 2026

READ THE FULL NEWSLETTER HERE

SIGN-UP TO RECEIVE THIS MONTHLY NEWSLETTER BY CLICKING HERE

In Focus

Foreign subsidies under the microscope: From dawn raids to deal approvals – what the new FSR guidelines reveal 

The Guidelines introduce welcome safe harbours and address contentious cross-subsidisation scenarios. However, the distortion assessment remains highly qualitative without clear quantitative benchmarks, and even non-problematic transactions face minimum review periods with no fast-track clearance mechanism. 

Read the full story

Territorial supply constraints: why the EU is moving from antitrust enforcement to ex ante tools

In response, the Commission's 2025 Single Market Strategy commits to developing new tools, with a legislative proposal planned for Q4 2026. Pauline Kuipers, Baptist Vleeshouwers and Tialda Beetstra examine this policy shift from case-by-case antitrust enforcement to prospective regulation, explaining decisive design questions that will determine whether the toolbox works in practice: scope and definitions, thresholds for significant market players, the justification framework, evidence and burden of proof requirements, and the enforcement model. The article provides practical guidance for suppliers reviewing supply allocation mechanisms and buyers documenting cross-border sourcing difficulties. 

Read the full story

Updates from our jurisdictions

EU

The FSR in action: The Commission investigates foreign subsidies in the renewable energy supply chain 

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

Czech Republic 

Major Czech brewery hit with record fine for exceeding payment deadline limits. Are your supply chain contracts compliant? 

Read the full story

If you need more information or further guidance in this area, please contact Martin Taimr , Dominik Očko or Vojtěch Chloupek

France

Competition dawn raids: the French Supreme Court maintains its restrictive approach to legal privilege

If you need more information or further guidance in this area, please contact Elsa Mandel Benichou or Thomas Oster

Hungary 

GVH launches accelerated sector inquiry into cooking oil market

If you need more information or further guidance in this area, please contact Gábor Kutai and Kinga Kálmán

Italy 

Italian football federation loses final appeal on abuse of dominant position

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

Netherlands 

New episode in TV-market cartel: Dutch appeal court seeks clarity on the role of inter-brand competition in assessing vertical restrictions by object

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

Poland

UOKiK's expanding enforcement against resale price maintenance: early 2026 developments

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

Spain

One step ahead of supervision: the CNMC reviews standards and best practices to address competition compliance

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

Sweden 

What is to come? Expanded review powers for below-threshold mergers on the horizon in Sweden 

UK 

UK Government launches consultation on reforms to competition regime

Events and webinars 

Conference 

Competition Next Gen Summit 2026 

At this event, hosted by Thought Leaders 4 Competition, Europe's rising stars in competition law will gather to network, share experiences and build their personal brands. One of the member of the event's Advisory Board is our senior associate Tialda Beetstra (Netherlands). She will moderate and speak at the "Exploring Developments in Foreign Subsidies Regulation" and "Lessons Learned from Key Foreign Direct Investment Regimes" panels. 

Find out more and register here

In-person event

Life Sciences & Healthcare 360° 

Our Paris Bird & Bird office is hosting this inaugural conference, bringing together legal experts to examine current issues affecting the life sciences sector. 

Of particular interest to competition practitioners, Thomas Oster and Elsa Mandel Benichou will lead a session on "Competition Law and Life Sciences: Risky Practices and Key Legal Principles". 

Based on recent litigation and ongoing investigations, this session will provide practical analysis of competition law risks in the life sciences sector, including: 

• Patent-related practices 
• Denigration of competing drugs 
• Acquisitions that may constitute "killer acquisitions" 

The conference features parallel sessions covering regulatory developments, data protection, IP strategy, medical devices, AI, product liability litigation, cybersecurity compliance (NIS2), and M&A considerations specific to life sciences. 

The event will be conducted in French. 

See the full event programme (in French) 

Register for the event here

Registrations are open until 27 February

Conference 

European law at a Crossroads 

The Dutch Journal of European Law Nederlands tijdschrift voor Europees Recht (NtER) is marking over 30 years of publication with a symposium examining whether European law stands are at a crossroads (Europees recht op een kruispunt). The event brings together leading practitioners to analyse historical developments and current transitions in European law. Our partner Pauline Kuipers will be speaking at the event, which addresses critical questions about the evolving regulatory landscape across three key themes shaping the future of EU law: human rights in the European Union, European security and defence policy, and market forces in the EU. 

Register for the event (in Dutch) here

Informa conference 

CompLaw: Nordic 

17 - 18 March | Stockholm, Sweden 

Morten's session will cover the draft Article 102 guidelines and review significant recent cases. 

Find out more and register with a 20% VIP discount

In-person seminar 

The Future of Competition Law Enforcement in the UK 

• Úna Butler - Member, Irish Competition & Consumer Protection Commission 
• Simon Harms - Legal Director, Competition & Markets Authority 
• Layla Bakker - Global Head of Legal (Competition Law & Regulatory), Tesco 
• Katie Curry - Partner, RBB Economics 

We will be discussing topical issues on competition law enforcement (such as AI, SMS designations, merger control and enforcement trends, the latest government proposals, and competition litigation). The discussion will take place under Chatham House Rules. 

Please join us for drinks and canapés after the seminar and meet Emma Radcliffe, competition litigation partner who recently joined our London team. 

Find out more

Register for the event here 

Bird & Bird news and publications

We’ve boosted our London Competition team with collective action expert Emma Radcliffe 

Emma is a specialist in defending collective actions and other competition claims before the Competition Appeal Tribunal, with experience extending to the UK Court of Appeal and Supreme Court. She has successfully opposed certification in several recent landmark collective proceedings and brings extensive expertise in multi-jurisdictional competition investigations and regulatory matters. Emma advises clients across various sectors, including music, technology and communications, betting and gaming, and financial services. She will work closely with both our Competition and International Dispute Resolution teams as collective actions continue to grow in prominence across the UK and Europe. 

Antitrust Writing Awards 2026

We are delighted to share that three of our articles have been shortlisted for this year's Antitrust Writing Awards! Read them at the links below and please take a moment to vote for your favourite articles.

Avoiding Risks When Responding to Competition Authority Information Requests: Lessons Learnt from the Commission's Eurofield Decision

by Anne Federle and David Wouters

Read and vote for the article here

A General Introduction to Pharmaceutical Intellectual Property and Competition in the UK

by Sally Shorthose, Peter Willis, Chris de Mauny, Dr. Saskia King, Pieter Erasmus, Aimee Guzinska-Bowley and Henna Malik

Read and vote for the article here

UK Collective Competition Damages Claims

by Peter Willis and Flora McCarthy

Read and vote for the article here

Organised by Concurrences and The George Washington University Law School's Competition Law Center, the prestigious Antitrust Writing Awards select the best antitrust writings published in the past year.