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 Just Eat/Naspers, decisions of the Belgian Competition Authority in Proximus/Orange and Dossche Mills/Cera, the Foreign Subsidies Regulation and much more. This newsletter brings you entirely up to date!
Cartels
Belgian Competition Authority rejects request to impose interim measures against a quota of a minimum of four U23 teams in the Challenger Pro League
The Belgian Competition Authority (“BMA”) has rejected the request for interim measures submitted by three professional football clubs from the Challenger Pro League (Royal Francs Borains, Koninklijke Sporting Club Lokeren, and Royal Football Club Seraing). The clubs sought suspension of the decision of the Royal Belgian Football Association (“KBVB”) to impose a quota of a minimum of four U23 teams in the Challenger Pro League starting from the 2025–2026 season. According to the clubs, this decision by the KBVB infringes the cartel prohibition under Article 101 TFEU and Article IV.1 WER.
Interim measures may be granted if (i) it is not manifestly unreasonable to argue that the accused party may have committed a competition law infringement (prima facie infringement), and (ii) there is an urgent need to prevent serious, immediate and difficult-to-repair harm.
The BMA first notes that the KBVB’s proposed measure could prima facie lead to discrimination between clubs within the Challenger Pro League, which could influence the competition on a sporting level. The consequences of the intended measure are, however, not certain and will in any case only become apparent at the end of the season, and thus not immediately. Moreover, there is uncertainty regarding the implementation of the quota. As a result, the second criterion has not been met, resulting in the rejection of the request.
Belgian Competition Authority opens ex officio investigation into proposed collaboration between Proximus and Orange for roll-out of fibre-optics in Wallonia
On 31 July 2025, the Belgian Competition Authority (‘BMA’) announced an ex officio investigation into a draft collaboration agreement between Proximus and Orange Belgium concerning the roll-out of fibre-optics in Wallonia. Proximus and Orange Belgium are both telecom providers in Belgium. The announcement is part of a broader intention of the BMA to investigate every (proposed) collaboration agreement for the roll-out of fibre-optics between telecom providers as announced on 16 October 2023. Currently, the BMA is investigating a similar collaboration between Proximus and Telenet in the Flemish region.
In this recently started investigation, the BMA will mainly examine whether the collaboration agreement can harm competition and whether users will reap a fair portion of the efficiency gains and other benefits of the agreement. The BMA will collaborate with the Belgian Institute for postal services and telecommunication.
Abuse of dominance
Belgian Competition Authority rejects request to impose interim measures against the Royal Belgian Ice Hockey Federation
On 23 June 2025, eight inline hockey players and the Deutsche Inline Hockey Verband (“DIHV”) submitted a request to the Belgian Competition Authority (“BMA”) to adopt interim measures against the Royal Belgian Ice Hockey Federation (“RBIHF”). The RBIHF had imposed sanctions on several players due to their participation in the Deutsche Inline Hockey Liga (“DIHL”), which is organised by the DIHV.
Following a complaint by the applicants, the BMA opened an investigation on 20 June 2025 into the practices of the RBIHF. According to the applicants, the sanctions imposed and the RBIHF’s regulations constituted an infringement of competition law. They requested, among other things, that the RBIHF be prohibited from imposing sanctions on players who participate in the DIHL, and that the RBIHF ensure that their team be allowed to participate officially in the DIHL without further obstacles.
Shortly after the complaint and request for interim measures were filed, the RBIHF ceased all activities relating to inline hockey. From now on, the RBIHF will focus exclusively on ice hockey. As a result, the players concerned are no longer subject to RBIHF regulations for inline hockey and are free to participate in the DIHL competition. None of the sanctions previously imposed will be maintained by the RBIHF, which also declared that it would publicly communicate this decision. Consequently, there are no grounds for granting the requested interim measures. The BMA therefore rejects the request.
Merger control
European Commission approves Naspers’ acquisition of Just Eat Takeaway.com subject to conditions
On 11 August 2025, the European Commission (‘Commission’) announced it has approved the acquisition of digital meal delivery platform Just Eat Takeaway.com by Prosus, Naspers’ investment company. Naspers is a media conglomerate and digital technology investor. The Commission approved the acquisition subject to conditions.
Naspers has a minority stake in Delivery Hero of 27.4%, a competitor of Just Eat Takeaway.com. The Commission feared that the transaction would link Delivery Hero to Just Eat Takeaway.com, reducing incentives to compete and increasing chances of tacit collusion between both companies.
Naspers has offered to significantly reduce its minority stake in Delivery Hero and to not exercise its voting rights in Delivery Hero. Additionally, Naspers offered not to increase its equity interest in Delivery Hero beyond a specified maximum level. Naspers also offered not to recommend, propose or approve any person engaged by Naspers or any of the companies in which it holds an equity interest to be appointed to the management or supervisory board.
After market testing the commitments, the Commission approved the acquisition, finding the acquisition no longer raises competition concerns.
Belgian Competition authority drops investigation into proposed acquisition of Ceres’ artisanal bakery activities by Dossche Mills
On 25 July 2025, the Belgian Competition Authority (‘BMA’) published its decision to drop its investigation into the proposed acquisition by Dossche Mills of Ceres’ artisanal bakery activities. Both companies are based in Belgium and active in the production of flour and flour byproducts.
The BMA instigated the investigation on the basis of Article 101 TFEU and the Towercast jurisprudence, as the acquisition itself remained below notification thresholds. The BMA saw serious concerns for possible restrictions on competition as the acquisition concerned the two largest producers of fine flour for artisanal bakeries in Belgium. As a result of the high market share following the concentration, the limited competitive capacity of competitors, the limited countervailing buyer power and the unlikely entry of new competitors, the BMA saw serious negative effects in its preliminary investigation. On top of this, the acquisition seemed to be part of a series of consecutive, accumulating, acquisitions by Dossche Mills.
Following the preliminary findings of the BMA, the parties have decided not to move forward with the transaction. This prompted the BMA to drop its investigation on the proposed acquisition. Dossche Mills and the BMA have reportedly been in dialogue to find a balance between Dossche Mills’ need for legal certainty in future acquisitions and the BMA’s mandate to protect effective competition.
State aid
European Commission launches public consultation on revision of Rescue and Restructuring Aid Guidelines
On 22 august 2025, the European Commission (‘Commission’) launched a Call for Evidence and a public consultation on the revision of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (‘Rescue and Restructuring Guidelines’). The Rescue and Restructuring Guidelines set out under which conditions non-financial undertakings in difficulty may receive aid from EU Member States.
In particular, the Commission seeks input on the following. Firstly, the Commission is considering expanding the scope of the Rescue and Restructuring Guidelines to include the steel sector. The steel sector is currently excluded from the scope of the guidelines. Secondly, the Commission is considering amending the definition of the notion of ‘undertaking in difficulty’ regarding certain types of innovative start-ups that have a specific growth model, which would allow these start-ups to be eligible for aid under other State aid instruments. Moreover, the Commission seeks to clarify certain parts of the definition of ‘undertaking in difficulty’, as well as to make certain that technical changes align with the EU Courts’ rulings.
Those interested may submit their input until 14 November 2025.
European Commission opens in-depth investigation on possible State aid by Poland to MAN Trucks
On 28 July 2025, the European Commission (“Commission”) announced it will investigate Polish aid to MAN Trucks. The Commission will investigate whether the EUR 26 million aid for expanding the capacity of one MAN Trucks factory is in line with State aid law, in particular the Guidelines on Regional State Aid.
The region in which the factory is located is eligible for regional aid under EU State aid rules. While the Commission believes the investment will enhance economic development in the region and employment opportunities (1400 new jobs), it has doubts whether it is compatible with the Guidelines on Regional State aid. In particular, the Commission will investigate whether the aid is proportionate and has an incentive effect.
European Commission concludes that Czech financial support for insurance premiums to large agricultural companies constitutes incompatible State aid
In 2018, Czechia provided financial aid aimed at supporting crop and livestock companies in taking out insurance against natural disasters and bad weather events. With this aid, this insurance was widely available for the primary agricultural production sector.
The European Commission (“Commission”) analysed the aid under EU State aid rules and in particular under the 2014 Guidelines for State aid in agriculture, forestry and rural areas. The Commission found that some large agricultural companies were unjustly classified as SMEs by Czech authorities and were granted aid without complying with the conditions in the Guidelines for State aid in agriculture, forestry and rural areas. The Czech authorities must now recover the aid from those companies.
Foreign Subsidies Regulation (FSR)
Commission opens in-depth investigation into proposed acquisition by ADNOC of Covestro
On 28 July 2025, the European Commission (‘Commission’) opened an in-depth foreign subsidies investigation into the acquisition of Covestro by Abu Dhabi National Oil Company PJSC (‘ADNOC’). ADNOC is a state-owned oil and gas producer based in the United Arab Emirates (‘UAE’). Covestro is a chemicals producer based in Germany. The possible foreign subsidies include an unlimited guarantee by the UAE and a committed capital increase by ADNOC into Covestro.
The Commission has preliminary concerns that the subsidies enabled ADNOC to acquire Covestro at a valuation, and under financial terms, not in line with market conditions. Furthermore, the Commission has preliminary concerns that the transaction could enable ADNOC to adopt investment strategies that could impact competitive conditions in the internal market. The Commission will focus its investigation on these points. It has 90 working days, until 2 December 2025, to take a decision.
Commission launches review of the Foreign Subsidies Regulation
On 12 August 2025, the European Commission (‘Commission’) launched a review of Regulation 2022/2560 of 14 December 2022 on foreign subsidies distorting the internal market (‘FSR’). The review focuses on the application of the FSR, ex officio investigations by the Commission, notification thresholds and, more generally, the level of complexity of rules and the costs incurred by businesses.
Interested parties can offer input until 18 November 2025.
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 Just Eat/Naspers, decisions of the Belgian Competition Authority in Proximus/Orange and Dossche Mills/Cera, the Foreign Subsidies Regulation and much more. This newsletter brings you entirely up to date!
Cartels
Belgian Competition Authority rejects request to impose interim measures against a quota of a minimum of four U23 teams in the Challenger Pro League
The Belgian Competition Authority (“BMA”) has rejected the request for interim measures submitted by three professional football clubs from the Challenger Pro League (Royal Francs Borains, Koninklijke Sporting Club Lokeren, and Royal Football Club Seraing). The clubs sought suspension of the decision of the Royal Belgian Football Association (“KBVB”) to impose a quota of a minimum of four U23 teams in the Challenger Pro League starting from the 2025–2026 season. According to the clubs, this decision by the KBVB infringes the cartel prohibition under Article 101 TFEU and Article IV.1 WER.
Interim measures may be granted if (i) it is not manifestly unreasonable to argue that the accused party may have committed a competition law infringement (prima facie infringement), and (ii) there is an urgent need to prevent serious, immediate and difficult-to-repair harm.
The BMA first notes that the KBVB’s proposed measure could prima facie lead to discrimination between clubs within the Challenger Pro League, which could influence the competition on a sporting level. The consequences of the intended measure are, however, not certain and will in any case only become apparent at the end of the season, and thus not immediately. Moreover, there is uncertainty regarding the implementation of the quota. As a result, the second criterion has not been met, resulting in the rejection of the request.
Belgian Competition Authority opens ex officio investigation into proposed collaboration between Proximus and Orange for roll-out of fibre-optics in Wallonia
On 31 July 2025, the Belgian Competition Authority (‘BMA’) announced an ex officio investigation into a draft collaboration agreement between Proximus and Orange Belgium concerning the roll-out of fibre-optics in Wallonia. Proximus and Orange Belgium are both telecom providers in Belgium. The announcement is part of a broader intention of the BMA to investigate every (proposed) collaboration agreement for the roll-out of fibre-optics between telecom providers as announced on 16 October 2023. Currently, the BMA is investigating a similar collaboration between Proximus and Telenet in the Flemish region.
In this recently started investigation, the BMA will mainly examine whether the collaboration agreement can harm competition and whether users will reap a fair portion of the efficiency gains and other benefits of the agreement. The BMA will collaborate with the Belgian Institute for postal services and telecommunication.
Abuse of dominance
Belgian Competition Authority rejects request to impose interim measures against the Royal Belgian Ice Hockey Federation
On 23 June 2025, eight inline hockey players and the Deutsche Inline Hockey Verband (“DIHV”) submitted a request to the Belgian Competition Authority (“BMA”) to adopt interim measures against the Royal Belgian Ice Hockey Federation (“RBIHF”). The RBIHF had imposed sanctions on several players due to their participation in the Deutsche Inline Hockey Liga (“DIHL”), which is organised by the DIHV.
Following a complaint by the applicants, the BMA opened an investigation on 20 June 2025 into the practices of the RBIHF. According to the applicants, the sanctions imposed and the RBIHF’s regulations constituted an infringement of competition law. They requested, among other things, that the RBIHF be prohibited from imposing sanctions on players who participate in the DIHL, and that the RBIHF ensure that their team be allowed to participate officially in the DIHL without further obstacles.
Shortly after the complaint and request for interim measures were filed, the RBIHF ceased all activities relating to inline hockey. From now on, the RBIHF will focus exclusively on ice hockey. As a result, the players concerned are no longer subject to RBIHF regulations for inline hockey and are free to participate in the DIHL competition. None of the sanctions previously imposed will be maintained by the RBIHF, which also declared that it would publicly communicate this decision. Consequently, there are no grounds for granting the requested interim measures. The BMA therefore rejects the request.
Merger control
European Commission approves Naspers’ acquisition of Just Eat Takeaway.com subject to conditions
On 11 August 2025, the European Commission (‘Commission’) announced it has approved the acquisition of digital meal delivery platform Just Eat Takeaway.com by Prosus, Naspers’ investment company. Naspers is a media conglomerate and digital technology investor. The Commission approved the acquisition subject to conditions.
Naspers has a minority stake in Delivery Hero of 27.4%, a competitor of Just Eat Takeaway.com. The Commission feared that the transaction would link Delivery Hero to Just Eat Takeaway.com, reducing incentives to compete and increasing chances of tacit collusion between both companies.
Naspers has offered to significantly reduce its minority stake in Delivery Hero and to not exercise its voting rights in Delivery Hero. Additionally, Naspers offered not to increase its equity interest in Delivery Hero beyond a specified maximum level. Naspers also offered not to recommend, propose or approve any person engaged by Naspers or any of the companies in which it holds an equity interest to be appointed to the management or supervisory board.
After market testing the commitments, the Commission approved the acquisition, finding the acquisition no longer raises competition concerns.
Belgian Competition authority drops investigation into proposed acquisition of Ceres’ artisanal bakery activities by Dossche Mills
On 25 July 2025, the Belgian Competition Authority (‘BMA’) published its decision to drop its investigation into the proposed acquisition by Dossche Mills of Ceres’ artisanal bakery activities. Both companies are based in Belgium and active in the production of flour and flour byproducts.
The BMA instigated the investigation on the basis of Article 101 TFEU and the Towercast jurisprudence, as the acquisition itself remained below notification thresholds. The BMA saw serious concerns for possible restrictions on competition as the acquisition concerned the two largest producers of fine flour for artisanal bakeries in Belgium. As a result of the high market share following the concentration, the limited competitive capacity of competitors, the limited countervailing buyer power and the unlikely entry of new competitors, the BMA saw serious negative effects in its preliminary investigation. On top of this, the acquisition seemed to be part of a series of consecutive, accumulating, acquisitions by Dossche Mills.
Following the preliminary findings of the BMA, the parties have decided not to move forward with the transaction. This prompted the BMA to drop its investigation on the proposed acquisition. Dossche Mills and the BMA have reportedly been in dialogue to find a balance between Dossche Mills’ need for legal certainty in future acquisitions and the BMA’s mandate to protect effective competition.
State aid
European Commission launches public consultation on revision of Rescue and Restructuring Aid Guidelines
On 22 august 2025, the European Commission (‘Commission’) launched a Call for Evidence and a public consultation on the revision of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (‘Rescue and Restructuring Guidelines’). The Rescue and Restructuring Guidelines set out under which conditions non-financial undertakings in difficulty may receive aid from EU Member States.
In particular, the Commission seeks input on the following. Firstly, the Commission is considering expanding the scope of the Rescue and Restructuring Guidelines to include the steel sector. The steel sector is currently excluded from the scope of the guidelines. Secondly, the Commission is considering amending the definition of the notion of ‘undertaking in difficulty’ regarding certain types of innovative start-ups that have a specific growth model, which would allow these start-ups to be eligible for aid under other State aid instruments. Moreover, the Commission seeks to clarify certain parts of the definition of ‘undertaking in difficulty’, as well as to make certain that technical changes align with the EU Courts’ rulings.
Those interested may submit their input until 14 November 2025.
European Commission opens in-depth investigation on possible State aid by Poland to MAN Trucks
On 28 July 2025, the European Commission (“Commission”) announced it will investigate Polish aid to MAN Trucks. The Commission will investigate whether the EUR 26 million aid for expanding the capacity of one MAN Trucks factory is in line with State aid law, in particular the Guidelines on Regional State Aid.
The region in which the factory is located is eligible for regional aid under EU State aid rules. While the Commission believes the investment will enhance economic development in the region and employment opportunities (1400 new jobs), it has doubts whether it is compatible with the Guidelines on Regional State aid. In particular, the Commission will investigate whether the aid is proportionate and has an incentive effect.
European Commission concludes that Czech financial support for insurance premiums to large agricultural companies constitutes incompatible State aid
In 2018, Czechia provided financial aid aimed at supporting crop and livestock companies in taking out insurance against natural disasters and bad weather events. With this aid, this insurance was widely available for the primary agricultural production sector.
The European Commission (“Commission”) analysed the aid under EU State aid rules and in particular under the 2014 Guidelines for State aid in agriculture, forestry and rural areas. The Commission found that some large agricultural companies were unjustly classified as SMEs by Czech authorities and were granted aid without complying with the conditions in the Guidelines for State aid in agriculture, forestry and rural areas. The Czech authorities must now recover the aid from those companies.
Foreign Subsidies Regulation (FSR)
Commission opens in-depth investigation into proposed acquisition by ADNOC of Covestro
On 28 July 2025, the European Commission (‘Commission’) opened an in-depth foreign subsidies investigation into the acquisition of Covestro by Abu Dhabi National Oil Company PJSC (‘ADNOC’). ADNOC is a state-owned oil and gas producer based in the United Arab Emirates (‘UAE’). Covestro is a chemicals producer based in Germany. The possible foreign subsidies include an unlimited guarantee by the UAE and a committed capital increase by ADNOC into Covestro.
The Commission has preliminary concerns that the subsidies enabled ADNOC to acquire Covestro at a valuation, and under financial terms, not in line with market conditions. Furthermore, the Commission has preliminary concerns that the transaction could enable ADNOC to adopt investment strategies that could impact competitive conditions in the internal market. The Commission will focus its investigation on these points. It has 90 working days, until 2 December 2025, to take a decision.
Commission launches review of the Foreign Subsidies Regulation
On 12 August 2025, the European Commission (‘Commission’) launched a review of Regulation 2022/2560 of 14 December 2022 on foreign subsidies distorting the internal market (‘FSR’). The review focuses on the application of the FSR, ex officio investigations by the Commission, notification thresholds and, more generally, the level of complexity of rules and the costs incurred by businesses.
Interested parties can offer input until 18 November 2025.
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.