Competition law update - October 2026

Welcome to the October 2026 edition of our newsletter, which explores recent competition law developments across the UK and EU.

The end of summer and the start of autumn have brought with them some notable decisions and developments. 

In the world of behavioural investigations, the EU General Court has re-affirmed the European Commission’s ability to compel the production of communications with overseas in-house counsel, even where they benefit from legal privilege under the laws of third countries. We have also seen the Commission publish its final guidelines on exclusionary abuses of dominance, which set out a clear analytical framework for the enforcement of Article 102 TFEU against such conduct. Meanwhile in the UK, the CMA has, for the first time, imposed (significant) fines on individuals for concealing evidence during an inspection. It has also been very active in the use of its new consumer enforcement powers.

Over in the world of merger control, the CMA has continued to take the “pace” element of its 4Ps initiative seriously. Two bakery mergers have recently sped through the review processes, each using a different fast-track procedure. The CMA has also finalised its new guidance on how it will assess efficiencies in merger control cases, refining the draft guidance published earlier in the year. Whether the CMA will accept more efficiencies arguments going forward remains to be seen, but, for now, early engagement is the message of the day.

Presumptions retained but reframed: the Commission’s final guidelines on exclusionary abuses of dominance

With a view to (re)invigorating the enforcement of Article 102 TFEU, the European Commission has published its final guidelines on exclusionary abuses of dominance. We provide an overview of the key concepts and changes from the draft version. 
Read the article.

CMA issues landmark fines for obstructing bid-rigging probe

In the first example of its kind, the CMA has fined two employees for obstructing a dawn raid in the roofing contractors bid-rigging cartel investigation. This may be a warning shot from the CMA, signalling an intent to take advantage of its recently enhanced fining powers.
Read the article.

Pace and pastries: how two bakery mergers sped through CMA review

The CMA’s 4Ps initiative remains in full swing. Two bakery mergers have recently taken advantage of the CMA’s fast-track procedures, and further cases are following in their footsteps. We break down the procedures used and the time saved by the merger parties on their paths to clearance.
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Taking stock of the first 18 months of the CMA’s new direct consumer enforcement regime

The last 18 months have seen a rapid rollout of the CMA’s new direct consumer protection enforcement powers, with a number of fines already under the CMA’s belt. In this article, we provide an overview of the enforcement action to date.
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Few surprises, as the CMA finalises its revised approach to merger efficiencies

The CMA has now finalised its new approach to the assessment of efficiencies arguments in merger control cases, having made only a few refinements to the draft guidance circulated earlier in the year. We recap the key points from the new guidance and note the material changes between the draft and final versions.
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Broadcom/VMware: EU General Court again weighs in favour of Commission’s broad information-gathering powers

In dismissing an application for interim measures from Broadcom, the General Court re-affirmed that communications with in-house counsel cannot benefit from legal privilege – regardless of what national laws outside the EU might have to say. In-house lawyers around the world should take note.
Read the article.

This edition was edited by Senior Associate, Christian Leighton. If you have any questions about the articles in this newsletter, do not hesitate to reach out to Christian, or any of your usual contacts: Cameron Firth, Malcolm Walton, Christophe Humpe, Caja Griesenbach, Foad Hoseinian and Fiona Beattie.