A lot happened in the field of competition law in recent weeks. In this edition of the Newsletter, we highlight the Commission’s closure of its antitrust investigation into Edwards Lifesciences and the Commission’s notification to Meta of possible interim measures. We also discuss a recent cartel decision by the Belgian Competition Authority, as well as the Commission’s new foreign subsidies investigation into Goldwind. Finally, we cover the Commission’s public consultation on the draft revised General Block Exemption Regulation in the field of State aid.
Abuse of dominance
European Commission sends Statement of Objections to Meta concerning exclusion of third-party AI assistants in WhatsApp
The Europese Commission (‘Commission’) has issued its Statement of Objections to Meta on 9 February 2026 concerning the exclusion of third-party AI assistants in WhatsApp. Meta is the parent company of Facebook, Instagram and WhatsApp. Following a change in the terms and conditions of WhatsApp on 15 October 2025, Meta has excluded third-party AI assistants, favouring its own AI assistant.
With its Statement of Objections, the Commission shares its preliminary viewpoint that this exclusion contravenes EU competition law. Specifically, the Commission has come to the preliminary conclusion that Meta is dominant in the market for consumer communication applications and that it abuses this dominance.
Hence, the Commission intends to impose interim measures to prevent this exclusion from seriously and irreversibly harming the market. Due to the risk of irreversible damage to competition, the Commission deems it necessary to impose interim measures.
The present Statement of Objections covers the entire European Economic Area except for Italy as the national competition authority in Italy already imposed interim measures in December 2025.
European Commission closes investigation into Edwards Lifesciences after it withdrew the contentious company policy
The European Commission (‘Commission’) has closed its investigation into possible abuse of economic dominance by Edwards Lifesciences on 16 February 2026. Edwards Lifesciences produces medical devices for cardiovascular applications. The Commission performed unannounced inspections at Edwards Lifesciences in an investigation into possible breaches of article 102 Treaty on the Functioning of the European Union (‘TFEU’). The conduct concerned was limiting physicians’ freedom to participate in clinical trials and educational activities organized by competitors of Edwards Lifesciences. This was part of the Global Unilateral Pro Innovation (Anti Copycatting) Policy (‘UPIP’) of Edwards Lifesciences. Following an investigation and in light of Edwards Lifesciences’ withdrawal of the UPIP, the Commission has closed its investigation without deciding on the relevant behavior.
Cartels
Samsung Benelux: Highest Administrative Court in the Netherlands refers questions to Court of Justice for preliminary ruling on resale price maintenance as ‘by object’ restriction
The Trade and Industry Appeals Tribunal (‘CBb’), the highest administrative court in competition cases in the Netherlands, has referred questions for a preliminary ruling to the Court of Justice of the European Union (‘Court’) concerning the scope of the concept of restrictions by object in relation to resale price maintenance (= vertical price fixing). These questions were raised in the context of legal proceedings brought by Samsung Benelux (‘Samsung’) against the Netherlands Authority for Consumers and Markets (‘ACM’).
The ACM imposed a fine on Samsung for prohibited vertical price fixing in the period 2013-2018. According to the ACM, Samsung attempted to force distributors of its products to strictly follow Samsung's recommended prices, thereby limiting distributors' ability to pursue their own pricing policy.
Vertical price fixing is generally regarded as a restriction of competition by object under EU and Dutch competition law, which means that establishing participation in such agreements is generally sufficient to demonstrate that the competition rules have been violated. However, Samsung argues that at most there was “voluntary vertical price coordination” and that it has not been demonstrated that such coordination is as such sufficiently harmful as to affect competition between distributors of Samsung products (also known as intrabrand competition) to the extent that it also has harmful effects on competition between Samsung's competitors (also known as interbrand competition).
This argument is similar to the argument in the United States in the Leegin case, which ultimately led to the conclusion in US case law that the existence of resale price maintenance is not necessarily sufficient to demonstrate that there is a restriction of competition.
The CBb has now decided to refer the question to the EU Court of Justice in the European context as to whether, in addition to the effects on intrabrand competition, the effects of vertical price fixing on interbrand competition must also be taken into account.
Belgian Competition Authority imposes fines on bpost, DPG Media, Mediahuis, PPP and two people for involvement in bid rigging in tender for newspaper concession
The Belgian Competition Authority (‘BCA’) imposed a fine of in total € 11.898.483,- on DPG Media, Mediahuis and PPP for their involvement in bid rigging in tender for a 2023-2027 newspaper distribution concession. The undertakings involved agreed that bpost would be awarded the contract for the newspaper concession, and that PPP would withdraw from the tender which meant bpost’s bid was the only remaining bid.
These kinds of agreements between competitors and/or contracting entities are typically referred to as ‘bid rigging’ and are considered restrictions of competition by object by competition authorities. This means that the very nature of these arrangements is so serious r that taking part in such an agreement is in and of itself sufficient for competition authorities to establish a violation of the cartel prohibition and to impose fines for infringing competition law.
Two of the natural persons involved in the agreement were also fined by the BCA. Since this marks the first time that the BCA imposes fines on natural persons for their involvement in competition law infringements, the BCA applied a 50% reduction to the fine amount. This resulted in a fine of € 6.300,- in total.
bpost was granted complete immunity and did not receive a fine as they were granted leniency for notifying BCA of the bid rigging agreement.
The Dutch Competition Authority launches investigation into anti-poaching clauses with regard to IT company staff
The Netherlands Authority for Consumers and Markets (‘ACM’) has launched an investigation into an IT company suspected of having made agreements with other companies not to actively approach or hire each other's employees. Such agreements are also known as no-poach or no-hire clauses. In its press release, ACM emphasises that such agreements restrict the mobility of employees, making it more difficult for them to change jobs, which can ultimately lead to lower wages or worse working conditions.
The ACM will investigate in the coming period whether the company in question has indeed violated competition rules. The ACM may impose a fine on the company if it concludes that competition rules have been violated.
Merger control
ACM approves Kyndryl's acquisition of Solvinity but emphasises the importance of digital autonomy
The Netherlands Authority for Consumers and Markets (‘ACM’) has approved Kyndryl's acquisition of Solvinity, explaining that it does not foresee any competition issues as a result of the proposed acquisition. In its explanation of the approval, ACM states that, as a competition authority, it focuses on risks to competition, but that it endorses the importance of increasing digital autonomy and the Dutch Digitalisation Strategy.
Both Solvinity and Kyndryl provide IT services to businesses and government agencies, including the management and maintenance of critical IT systems. Solvinity manages the infrastructure on which DigiD runs. DigiD (Digital Identity) is a secure, personal login system used in the Netherlands to verify citizen’s identity across government, healthcare, and educational websites. It acts as an online ID, often requiring the DigiD app or SMS verification to access personal data safely. The ACM notes that after the acquisition, customers will continue to have sufficient choice from other Dutch and European providers offering similar services.
ACM points to concerns raised in the media about the American origins of Kyndryl's parent company, whose Dutch subsidiary is acquiring Solvinity. Fears have been expressed that, after the acquisition, the American government could use legislation to compel access to data obtained by Solvinity in the course of its work. The Investment Review Office (‘BTI’) – a part of the Dutch government that reviews sensitive investments in the context of Dutch FDI (‘Foreign Direct Investment’) regulation – will assess the acquisition for risks to Dutch national security.
European Commission approves UMG’s acquisition of Downtown, subject to conditions
The European Commission (“Commission”) has approved the acquisition of Downtown Music (“Downtown”) by Universal Music Group (“UMG”), subject to conditions. The Commission assessed the acquisition after receiving a referral request from the Dutch competition authority, which was joined by the Austrian competition authority. UMG, headquartered in the Netherlands, is globally active in recording music, music publishing, merchandising and audiovisual content, and additionally provides artist and label services. Downtown likewise offers artist and label services and also provides royalty accounting through the Curve platform. The Commission concluded that the transaction would give UMG access to commercially sensitive information from competing record labels through the Curve platform. This would enable UMG to gain insight into the profitability of artists from rival labels and into market trends, thereby hindering competition in the market for music recordings.
The Commission approved the acquisition on the condition that Downtown fully divests from its Curve platform. With this adjustment, there are no longer any competition concerns regarding the intended transaction. After all, the companies hold only moderate market shares in the markets where their activities overlap.
European Commission approves Google's acquisition of Wiz
The acquisition of Wiz by Google was approved by the European Commission (“Commission”). The notified transaction concerns the fast-growing cloud security industry, where both companies are active. As there are several credible competitors that customers could switch to and Google would not obtain commercially sensitive data, the Commission did not identify any way in which the transaction could raise competition concerns. Hence, the Commission cleared the transaction unconditionally.
Foreign Subsidies Regulations
European Commission launches investigation into foreign subsidies in the EU wind sector concerning Goldwind’s activities
The European Commission (“Commission”) has opened an in-depth investigation under the Foreign Subsidies Regulation into the EU wind sector. The inquiry will specifically examine the activities of Goldwind Science & Technology Co., Ltd. (“Goldwind”) relating to the production and sale of wind turbines. The Commission is concerned that Goldwind may have received foreign subsidies from China that could distort competition within the EU internal market. Goldwind, headquartered in China, operates in the EU internal market through various subsidiaries, including Vensys.
This inquiry concerns an ex officio investigation. The potential foreign subsidies under review include grants, preferential tax treatment, and preferential financing such as loans. According to the Commission, such subsidies may strengthen Goldwind’s competitive position in the EU internal market and adversely affect competition in the wind turbine supply sector.
European Commission invites comments on draft revised State aid General Block Exemption Regulation
The European Commission (“Commission”) has launched a public consultation on the draft revised General Block Exemption Regulation (“GBER”). The GBER outlines specific categories of State aid that under certain conditions are considered compatible with EU State aid rules and are therefore exempt from the Commission’s prior notification and approval requirements in this regard.
The proposed revision aims to reduce administrative burdens and facilitate easier application and interpretation of the GBER. It aligns the GBER with recent social, market and technological developments and provides greater flexibility in the design of State aid measures. Among other changes, the draft GBER introduces simpler conditions for small aid amounts for specific projects or activities. It also seeks to better meet the needs of SMEs. In addition, granting operating aid for renewable energy will become easier. The updated GBER further aims to help address the Europe-wide housing crisis.
Stakeholders are invited to submit their comments on the draft until 23 April 2026.
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.
A lot happened in the field of competition law in recent weeks. In this edition of the Newsletter, we highlight the Commission’s closure of its antitrust investigation into Edwards Lifesciences and the Commission’s notification to Meta of possible interim measures. We also discuss a recent cartel decision by the Belgian Competition Authority, as well as the Commission’s new foreign subsidies investigation into Goldwind. Finally, we cover the Commission’s public consultation on the draft revised General Block Exemption Regulation in the field of State aid.
Abuse of dominance
European Commission sends Statement of Objections to Meta concerning exclusion of third-party AI assistants in WhatsApp
The Europese Commission (‘Commission’) has issued its Statement of Objections to Meta on 9 February 2026 concerning the exclusion of third-party AI assistants in WhatsApp. Meta is the parent company of Facebook, Instagram and WhatsApp. Following a change in the terms and conditions of WhatsApp on 15 October 2025, Meta has excluded third-party AI assistants, favouring its own AI assistant.
With its Statement of Objections, the Commission shares its preliminary viewpoint that this exclusion contravenes EU competition law. Specifically, the Commission has come to the preliminary conclusion that Meta is dominant in the market for consumer communication applications and that it abuses this dominance.
Hence, the Commission intends to impose interim measures to prevent this exclusion from seriously and irreversibly harming the market. Due to the risk of irreversible damage to competition, the Commission deems it necessary to impose interim measures.
The present Statement of Objections covers the entire European Economic Area except for Italy as the national competition authority in Italy already imposed interim measures in December 2025.
European Commission closes investigation into Edwards Lifesciences after it withdrew the contentious company policy
The European Commission (‘Commission’) has closed its investigation into possible abuse of economic dominance by Edwards Lifesciences on 16 February 2026. Edwards Lifesciences produces medical devices for cardiovascular applications. The Commission performed unannounced inspections at Edwards Lifesciences in an investigation into possible breaches of article 102 Treaty on the Functioning of the European Union (‘TFEU’). The conduct concerned was limiting physicians’ freedom to participate in clinical trials and educational activities organized by competitors of Edwards Lifesciences. This was part of the Global Unilateral Pro Innovation (Anti Copycatting) Policy (‘UPIP’) of Edwards Lifesciences. Following an investigation and in light of Edwards Lifesciences’ withdrawal of the UPIP, the Commission has closed its investigation without deciding on the relevant behavior.
Cartels
Samsung Benelux: Highest Administrative Court in the Netherlands refers questions to Court of Justice for preliminary ruling on resale price maintenance as ‘by object’ restriction
The Trade and Industry Appeals Tribunal (‘CBb’), the highest administrative court in competition cases in the Netherlands, has referred questions for a preliminary ruling to the Court of Justice of the European Union (‘Court’) concerning the scope of the concept of restrictions by object in relation to resale price maintenance (= vertical price fixing). These questions were raised in the context of legal proceedings brought by Samsung Benelux (‘Samsung’) against the Netherlands Authority for Consumers and Markets (‘ACM’).
The ACM imposed a fine on Samsung for prohibited vertical price fixing in the period 2013-2018. According to the ACM, Samsung attempted to force distributors of its products to strictly follow Samsung's recommended prices, thereby limiting distributors' ability to pursue their own pricing policy.
Vertical price fixing is generally regarded as a restriction of competition by object under EU and Dutch competition law, which means that establishing participation in such agreements is generally sufficient to demonstrate that the competition rules have been violated. However, Samsung argues that at most there was “voluntary vertical price coordination” and that it has not been demonstrated that such coordination is as such sufficiently harmful as to affect competition between distributors of Samsung products (also known as intrabrand competition) to the extent that it also has harmful effects on competition between Samsung's competitors (also known as interbrand competition).
This argument is similar to the argument in the United States in the Leegin case, which ultimately led to the conclusion in US case law that the existence of resale price maintenance is not necessarily sufficient to demonstrate that there is a restriction of competition.
The CBb has now decided to refer the question to the EU Court of Justice in the European context as to whether, in addition to the effects on intrabrand competition, the effects of vertical price fixing on interbrand competition must also be taken into account.
Belgian Competition Authority imposes fines on bpost, DPG Media, Mediahuis, PPP and two people for involvement in bid rigging in tender for newspaper concession
The Belgian Competition Authority (‘BCA’) imposed a fine of in total € 11.898.483,- on DPG Media, Mediahuis and PPP for their involvement in bid rigging in tender for a 2023-2027 newspaper distribution concession. The undertakings involved agreed that bpost would be awarded the contract for the newspaper concession, and that PPP would withdraw from the tender which meant bpost’s bid was the only remaining bid.
These kinds of agreements between competitors and/or contracting entities are typically referred to as ‘bid rigging’ and are considered restrictions of competition by object by competition authorities. This means that the very nature of these arrangements is so serious r that taking part in such an agreement is in and of itself sufficient for competition authorities to establish a violation of the cartel prohibition and to impose fines for infringing competition law.
Two of the natural persons involved in the agreement were also fined by the BCA. Since this marks the first time that the BCA imposes fines on natural persons for their involvement in competition law infringements, the BCA applied a 50% reduction to the fine amount. This resulted in a fine of € 6.300,- in total.
bpost was granted complete immunity and did not receive a fine as they were granted leniency for notifying BCA of the bid rigging agreement.
The Dutch Competition Authority launches investigation into anti-poaching clauses with regard to IT company staff
The Netherlands Authority for Consumers and Markets (‘ACM’) has launched an investigation into an IT company suspected of having made agreements with other companies not to actively approach or hire each other's employees. Such agreements are also known as no-poach or no-hire clauses. In its press release, ACM emphasises that such agreements restrict the mobility of employees, making it more difficult for them to change jobs, which can ultimately lead to lower wages or worse working conditions.
The ACM will investigate in the coming period whether the company in question has indeed violated competition rules. The ACM may impose a fine on the company if it concludes that competition rules have been violated.
Merger control
ACM approves Kyndryl's acquisition of Solvinity but emphasises the importance of digital autonomy
The Netherlands Authority for Consumers and Markets (‘ACM’) has approved Kyndryl's acquisition of Solvinity, explaining that it does not foresee any competition issues as a result of the proposed acquisition. In its explanation of the approval, ACM states that, as a competition authority, it focuses on risks to competition, but that it endorses the importance of increasing digital autonomy and the Dutch Digitalisation Strategy.
Both Solvinity and Kyndryl provide IT services to businesses and government agencies, including the management and maintenance of critical IT systems. Solvinity manages the infrastructure on which DigiD runs. DigiD (Digital Identity) is a secure, personal login system used in the Netherlands to verify citizen’s identity across government, healthcare, and educational websites. It acts as an online ID, often requiring the DigiD app or SMS verification to access personal data safely. The ACM notes that after the acquisition, customers will continue to have sufficient choice from other Dutch and European providers offering similar services.
ACM points to concerns raised in the media about the American origins of Kyndryl's parent company, whose Dutch subsidiary is acquiring Solvinity. Fears have been expressed that, after the acquisition, the American government could use legislation to compel access to data obtained by Solvinity in the course of its work. The Investment Review Office (‘BTI’) – a part of the Dutch government that reviews sensitive investments in the context of Dutch FDI (‘Foreign Direct Investment’) regulation – will assess the acquisition for risks to Dutch national security.
European Commission approves UMG’s acquisition of Downtown, subject to conditions
The European Commission (“Commission”) has approved the acquisition of Downtown Music (“Downtown”) by Universal Music Group (“UMG”), subject to conditions. The Commission assessed the acquisition after receiving a referral request from the Dutch competition authority, which was joined by the Austrian competition authority. UMG, headquartered in the Netherlands, is globally active in recording music, music publishing, merchandising and audiovisual content, and additionally provides artist and label services. Downtown likewise offers artist and label services and also provides royalty accounting through the Curve platform. The Commission concluded that the transaction would give UMG access to commercially sensitive information from competing record labels through the Curve platform. This would enable UMG to gain insight into the profitability of artists from rival labels and into market trends, thereby hindering competition in the market for music recordings.
The Commission approved the acquisition on the condition that Downtown fully divests from its Curve platform. With this adjustment, there are no longer any competition concerns regarding the intended transaction. After all, the companies hold only moderate market shares in the markets where their activities overlap.
European Commission approves Google's acquisition of Wiz
The acquisition of Wiz by Google was approved by the European Commission (“Commission”). The notified transaction concerns the fast-growing cloud security industry, where both companies are active. As there are several credible competitors that customers could switch to and Google would not obtain commercially sensitive data, the Commission did not identify any way in which the transaction could raise competition concerns. Hence, the Commission cleared the transaction unconditionally.
Foreign Subsidies Regulations
European Commission launches investigation into foreign subsidies in the EU wind sector concerning Goldwind’s activities
The European Commission (“Commission”) has opened an in-depth investigation under the Foreign Subsidies Regulation into the EU wind sector. The inquiry will specifically examine the activities of Goldwind Science & Technology Co., Ltd. (“Goldwind”) relating to the production and sale of wind turbines. The Commission is concerned that Goldwind may have received foreign subsidies from China that could distort competition within the EU internal market. Goldwind, headquartered in China, operates in the EU internal market through various subsidiaries, including Vensys.
This inquiry concerns an ex officio investigation. The potential foreign subsidies under review include grants, preferential tax treatment, and preferential financing such as loans. According to the Commission, such subsidies may strengthen Goldwind’s competitive position in the EU internal market and adversely affect competition in the wind turbine supply sector.
European Commission invites comments on draft revised State aid General Block Exemption Regulation
The European Commission (“Commission”) has launched a public consultation on the draft revised General Block Exemption Regulation (“GBER”). The GBER outlines specific categories of State aid that under certain conditions are considered compatible with EU State aid rules and are therefore exempt from the Commission’s prior notification and approval requirements in this regard.
The proposed revision aims to reduce administrative burdens and facilitate easier application and interpretation of the GBER. It aligns the GBER with recent social, market and technological developments and provides greater flexibility in the design of State aid measures. Among other changes, the draft GBER introduces simpler conditions for small aid amounts for specific projects or activities. It also seeks to better meet the needs of SMEs. In addition, granting operating aid for renewable energy will become easier. The updated GBER further aims to help address the Europe-wide housing crisis.
Stakeholders are invited to submit their comments on the draft until 23 April 2026.
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.