AKD publishes a monthly newsletter to inform you of the most important recent developments in competition law and adjacent regulation at EU level and in the Benelux. This month featuring inter alia dawn raids in the ski equipment and vaccines sector, the BMA’s investigation into Live Nation’s acquisition of the Pukkelpop festival, and the Court of Justice of the European Union’s judgments on access to files and scope of leniency statements. This newsletter brings you entirely up to date!
Cartel prohibition
Commission performs dawn-raids in the ski-equipment sector
The European Commission (“Commission”) has announced on 20 October 2025 that it has performed dawn-raids at various undertakings active in the ski-equipment sector. The Commission suspects these undertakings of a potential breach of the cartel prohibition of Article 101 TFEU.
Court clarifies right of access to files in parallel criminal and competition law investigations
In a judgment of 30 October 2025 in the case of FL und KM Baugesellschaft, the Court of Justice of the European Union (‘Court’) clarified the right of access to the file in cases where a criminal investigation into the same facts is running parallel to an investigation by a competition authority into the same facts.
The case came before the Court following preliminary questions from an Austrian court and concerns a parallel investigation conducted by the Austrian Public Prosecutor's Office and the Austrian competition authority into bid rigging. Bid rigging involves companies colluding to influence the outcome of tender procedures in favour of one of them.
During the investigation, the Austrian Public Prosecutor's Office requested the Austrian competition authority to share the file. During the investigation by the Austrian competition authority, the applicants in the proceedings applied for and were granted leniency. However, these leniency statements (including annexes) were added to the file of the Austrian Public Prosecutor's Office. The question then arose as to what extent the Austrian competition authority was permitted to make the file (including the leniency statements) available for inspection to suspects and to any injured parties.
The Court first ruled that the exchange of files between national authorities is not, in principle, regulated by EU law. However, according to the Court, EU Member States can be expected to ensure that the application or adoption of national rules does not undermine European competition law. Particularly in the context of the effectiveness of leniency programmes, it may be undesirable if the exchange of files by different national authorities makes an application for leniency under competition law less attractive. The Court further clarified in its judgment that the term “leniency statement” is limited to the definition given in European law and therefore does not extend to documents and information provided to explain, substantiate and/or prove the content of a leniency statement. In practice, this means that by limiting the notion of ‘leniency statement’ to the statement explaining an undertaking’s involvement in a cartel, any documentation provided to substantiate such claims may be provided to third parties if their request for access to the file is granted.
Finally, regarding the right of access to the file, the Court ruled that in criminal proceedings, this right of access – including leniency statements – should be limited to suspects who are also involved in the criminal investigation. In this case, the right of access does not extend to potential victims.
Abuse of dominance prohibition
Commission performs dawn-raids in the vaccine sector
The European Commission (“Commission”) has announced that it has performed dawn-raids at one undertaking active in the vaccine sector. The Commission suspects the undertaking concerned from potentially abusing a dominant position in breach of article 102 TFEU.
ACM starts investigation into abuse of dominance by an international software provider
The Dutch National Competition Authority, the Authority on Consumers and Markets (“ACM”) announced on 30 September 2025 that it has opened an investigation into potential abuse of dominance by a large and international software provider. The alleged conduct may have harmed its buyers.
State aid
European Commission finds State aid rules on guarantees ‘still relevant’ but potentially in need of an update
The European Commission (‘Commission’) has reviewed the State aid rules on guarantees and concluded that the rules are still relevant, but might nonetheless need an update. The Commission released a Staff Working Document in which it sets out that there can be improvements regarding estimating aid amounts, complexity for SMEs, and passing-on of risk benefits. Interestingly, the Commission finds inter alia that the current rules may in specific cases lead to either underestimation or overestimation of the aid amount, or overestimation of the aid amount, and that the rules contain elements that are incoherent with the broader State aid framework.
The Commission expects to publish a new call for feedback in the first quarter of 2026 with the purpose of ultimately revising the current State aid rules on guarantees.
European Commission requests feedback on State aid rules for public service broadcasting
The European Commission (‘Commission’) has launched an evaluation of its State aid rules for public service broadcasting, consisting of two different questionnaires. A questionnaire for the general public, and a questionnaire for experts in the field. More specifically, the Commission seeks input on the Commission’s 2009 Broadcasting Communication. The Commission wishes to ascertain whether the Commission’s 2009 Communication continues to meet the objectives it set out to achieve when it was first adopted. The Commission notes, in particular, that there have been significant technological and market developments since the 2009 Communication was first adopted.
Those interested have until 14 January 2026 to respond to the Commission’s questionnaires.
European Commission approves update to €50 billion Dutch State aid scheme ‘SDE++’
The European Commission (‘Commission’) has announced its approval of an update to a €50 billion Dutch State aid scheme. The so-called ‘SDE++’ scheme intends to support initiatives to reduce greenhouse gas emissions via a range of technologies including renewable electricity and heat, hydrogen and transport fuels. The Commission announced that the prolonged and modified scheme will run until 31 December 2029. The update introduces support to existing e-boilers and a measure to address issues concerning increasing numbers of hours with negative electricity prices.
CJEU confirms annulment of European Commission decision in case on exclusive gambling licences in the Netherlands
In a judgment of 16 October 2025, the Court of Justice of the European Union (‘Court’) confirmed the General Court’s earlier judgment annulling the European Commission’s (‘Commission’) decision establishing that the prolongation of gambling licences without organising a tender did not constitute State aid. The Court agreed with the General Court’s finding that the Commission failed to take potential indirect advantages into account when assessing whether the measure in question constituted an advantage.
In this case the indirect advantage consisted of a compulsory transfer of a share of the profits to charities, since this compulsory transfer was part of the same scheme that governed the granting of licences. The Court held that this transfer should have been assessed as a potential advantage that could constitute State aid.
Other competition law
BMA opens investigation into Live Nation's acquisition of Pukkelpop
The Belgian Competition Authority (‘BMA’) has launched an investigation into possible violations of EU and national competition law as a result of Live Nation's already completed acquisition of Pukkelpop. At the behest of the Minister of Economic Affairs, the Authority is exercising its power to conduct ex post merger control under Articles 101 and 102 TFEU and Articles IV.1 and IV.2 of the Code of Economic Law, in line with the Towercast judgment of the Court of Justice of the EU.
Pukkelpop is one of the largest festivals in Belgium, with an annual capacity of approximately 250,000 visitors. Live Nation is a global leader in live entertainment. In Belgium, Live Nation offers services as a booking agency, organizes three of the largest music festivals (Rock Werchter, Dour and Graspop), operates major concert venues, including AFAS Dome, Trixxo Arena, Vorst Nationaal, Lotto Arena and Capitole Gent, and is active in ticket sales through its Ticketmaster platform.
The BMA's investigation focuses on the effects of the acquisition on competition in the festival sector and, more broadly, in live entertainment.
Contact
Do you have any questions about one of the topics discussed, or would you like to know what these developments mean for your organisation? Please don’t hesitate to contact our team.
AKD publishes a monthly newsletter to inform you of the most important recent developments in competition law and adjacent regulation at EU level and in the Benelux. This month featuring inter alia dawn raids in the ski equipment and vaccines sector, the BMA’s investigation into Live Nation’s acquisition of the Pukkelpop festival, and the Court of Justice of the European Union’s judgments on access to files and scope of leniency statements. This newsletter brings you entirely up to date!
Cartel prohibition
Commission performs dawn-raids in the ski-equipment sector
The European Commission (“Commission”) has announced on 20 October 2025 that it has performed dawn-raids at various undertakings active in the ski-equipment sector. The Commission suspects these undertakings of a potential breach of the cartel prohibition of Article 101 TFEU.
Court clarifies right of access to files in parallel criminal and competition law investigations
In a judgment of 30 October 2025 in the case of FL und KM Baugesellschaft, the Court of Justice of the European Union (‘Court’) clarified the right of access to the file in cases where a criminal investigation into the same facts is running parallel to an investigation by a competition authority into the same facts.
The case came before the Court following preliminary questions from an Austrian court and concerns a parallel investigation conducted by the Austrian Public Prosecutor's Office and the Austrian competition authority into bid rigging. Bid rigging involves companies colluding to influence the outcome of tender procedures in favour of one of them.
During the investigation, the Austrian Public Prosecutor's Office requested the Austrian competition authority to share the file. During the investigation by the Austrian competition authority, the applicants in the proceedings applied for and were granted leniency. However, these leniency statements (including annexes) were added to the file of the Austrian Public Prosecutor's Office. The question then arose as to what extent the Austrian competition authority was permitted to make the file (including the leniency statements) available for inspection to suspects and to any injured parties.
The Court first ruled that the exchange of files between national authorities is not, in principle, regulated by EU law. However, according to the Court, EU Member States can be expected to ensure that the application or adoption of national rules does not undermine European competition law. Particularly in the context of the effectiveness of leniency programmes, it may be undesirable if the exchange of files by different national authorities makes an application for leniency under competition law less attractive. The Court further clarified in its judgment that the term “leniency statement” is limited to the definition given in European law and therefore does not extend to documents and information provided to explain, substantiate and/or prove the content of a leniency statement. In practice, this means that by limiting the notion of ‘leniency statement’ to the statement explaining an undertaking’s involvement in a cartel, any documentation provided to substantiate such claims may be provided to third parties if their request for access to the file is granted.
Finally, regarding the right of access to the file, the Court ruled that in criminal proceedings, this right of access – including leniency statements – should be limited to suspects who are also involved in the criminal investigation. In this case, the right of access does not extend to potential victims.
Abuse of dominance prohibition
Commission performs dawn-raids in the vaccine sector
The European Commission (“Commission”) has announced that it has performed dawn-raids at one undertaking active in the vaccine sector. The Commission suspects the undertaking concerned from potentially abusing a dominant position in breach of article 102 TFEU.
ACM starts investigation into abuse of dominance by an international software provider
The Dutch National Competition Authority, the Authority on Consumers and Markets (“ACM”) announced on 30 September 2025 that it has opened an investigation into potential abuse of dominance by a large and international software provider. The alleged conduct may have harmed its buyers.
State aid
European Commission finds State aid rules on guarantees ‘still relevant’ but potentially in need of an update
The European Commission (‘Commission’) has reviewed the State aid rules on guarantees and concluded that the rules are still relevant, but might nonetheless need an update. The Commission released a Staff Working Document in which it sets out that there can be improvements regarding estimating aid amounts, complexity for SMEs, and passing-on of risk benefits. Interestingly, the Commission finds inter alia that the current rules may in specific cases lead to either underestimation or overestimation of the aid amount, or overestimation of the aid amount, and that the rules contain elements that are incoherent with the broader State aid framework.
The Commission expects to publish a new call for feedback in the first quarter of 2026 with the purpose of ultimately revising the current State aid rules on guarantees.
European Commission requests feedback on State aid rules for public service broadcasting
The European Commission (‘Commission’) has launched an evaluation of its State aid rules for public service broadcasting, consisting of two different questionnaires. A questionnaire for the general public, and a questionnaire for experts in the field. More specifically, the Commission seeks input on the Commission’s 2009 Broadcasting Communication. The Commission wishes to ascertain whether the Commission’s 2009 Communication continues to meet the objectives it set out to achieve when it was first adopted. The Commission notes, in particular, that there have been significant technological and market developments since the 2009 Communication was first adopted.
Those interested have until 14 January 2026 to respond to the Commission’s questionnaires.
European Commission approves update to €50 billion Dutch State aid scheme ‘SDE++’
The European Commission (‘Commission’) has announced its approval of an update to a €50 billion Dutch State aid scheme. The so-called ‘SDE++’ scheme intends to support initiatives to reduce greenhouse gas emissions via a range of technologies including renewable electricity and heat, hydrogen and transport fuels. The Commission announced that the prolonged and modified scheme will run until 31 December 2029. The update introduces support to existing e-boilers and a measure to address issues concerning increasing numbers of hours with negative electricity prices.
CJEU confirms annulment of European Commission decision in case on exclusive gambling licences in the Netherlands
In a judgment of 16 October 2025, the Court of Justice of the European Union (‘Court’) confirmed the General Court’s earlier judgment annulling the European Commission’s (‘Commission’) decision establishing that the prolongation of gambling licences without organising a tender did not constitute State aid. The Court agreed with the General Court’s finding that the Commission failed to take potential indirect advantages into account when assessing whether the measure in question constituted an advantage.
In this case the indirect advantage consisted of a compulsory transfer of a share of the profits to charities, since this compulsory transfer was part of the same scheme that governed the granting of licences. The Court held that this transfer should have been assessed as a potential advantage that could constitute State aid.
Other competition law
BMA opens investigation into Live Nation's acquisition of Pukkelpop
The Belgian Competition Authority (‘BMA’) has launched an investigation into possible violations of EU and national competition law as a result of Live Nation's already completed acquisition of Pukkelpop. At the behest of the Minister of Economic Affairs, the Authority is exercising its power to conduct ex post merger control under Articles 101 and 102 TFEU and Articles IV.1 and IV.2 of the Code of Economic Law, in line with the Towercast judgment of the Court of Justice of the EU.
Pukkelpop is one of the largest festivals in Belgium, with an annual capacity of approximately 250,000 visitors. Live Nation is a global leader in live entertainment. In Belgium, Live Nation offers services as a booking agency, organizes three of the largest music festivals (Rock Werchter, Dour and Graspop), operates major concert venues, including AFAS Dome, Trixxo Arena, Vorst Nationaal, Lotto Arena and Capitole Gent, and is active in ticket sales through its Ticketmaster platform.
The BMA's investigation focuses on the effects of the acquisition on competition in the festival sector and, more broadly, in live entertainment.
Contact
Do you have any questions about one of the topics discussed, or would you like to know what these developments mean for your organisation? Please don’t hesitate to contact our team.