Competition Newsletter / July 2026

Regulatory Updates

• The European Commission announced that, as of July 1, 2026, the customs duty exemption for e-commerce consignments valued below EUR 150 has been abolished as part of efforts to ensure fairer competition between EU businesses and non-EU online sellers. Under the new regime, goods purchased online from third countries and shipped directly to consumers in the EU are subject to a EUR 3 customs duty per item, with the duty being collected from platforms or other businesses involved in the sale and transport rather than from consumers. The measure forms part of the broader EU Customs Reform and aims to address competitive imbalances created by low-value imports, while also strengthening consumer protection and improving compliance with EU product safety rules. The transitional regime will remain in place until July 2028, when the EU Customs Data Hub becomes operational and standard customs rules begin to apply.

Miscellaneous Developments

• The Turkish Competition Authority (“TCA”) imposed an interim measure requiring Haribo to allocate 30% of the visible area of its confectionery stands to competing soft-candy brands at traditional retail outlets with a sales area of 200 square meters or less. The allocated space must be arranged vertically as a single block and marked with a label stating that it is reserved for competing products, giving rival brands without their own stands access to shelf space while the underlying investigation continues. Haribo is required to implement and document compliance with the measure within one month, or risk an administrative fine.

• The Turkish Competition Board concluded its investigation into Coca-Cola Satış Dağıtım A.Ş. (“CCSD”) after accepting a comprehensive set of commitments aimed at addressing competition concerns in the non-alcoholic beverages market. Under the commitments, 35% of the visible space in each Coca-Cola cooler at retail outlets will be reserved for competing products, while CCSD will be prohibited from directing which rival products may be placed in the allocated area or restricting their visibility. CCSD will also discontinue minimum annual purchase requirements linked to cooler supply, revise its bonus and incentive systems, remove certain financial support practices for dealer employees and introduce objective and category-specific criteria for discounts and commercial support. The commitments will be implemented in stages between the service of the Board’s decision and the end of 2027, while CCSD’s existing obligations arising from previous Competition Board decisions will remain in force.

• The European Commission issued two sets of binding specification measures to Google LLC (“Google”) under the Digital Markets Act (“DMA”) on AI interoperability on Android and the sharing of Google Search data. The first set of measures aims to ensure that competing AI services can compete with Google’s own services, such as Gemini, by obtaining equal access to key features on Android devices. The measures will allow users to activate their preferred third-party AI assistants through voice commands and use them to perform actions in apps, subject to safeguards for privacy, device integrity and security. The second set of measures specifies how Google should share search data with third-party search engines, including AI chatbots offering search functionalities, in order to support the development of competing search services and privacy-focused alternatives. The Commission also set out anonymization safeguards, a pricing formula for shared data and a transparent access process with search-data sharing due to begin in January 2027 and Android interoperability measures expected from July 2027.

• The European Commission hosted a stakeholder roundtable as part of its ongoing market investigation into cloud computing services under Article 19 of the Digital Markets Act (“DMA”) bringing together cloud providers, business users, software providers and technical experts Discussions focused on interoperability and technical features, financial conditions, and contractual and commercial practices, with particular emphasis on measures that could reduce switching barriers, facilitate interoperability and strengthen customer choice. The  input will contribute to the Commission’s assessment of whether the current DMA obligations adequately address unfair or anti-competitive practices in the cloud sector with a report due by May 2027 at the latest.

• The European Commission fined Google LLC (“Google”) a total of EUR 890 Million for breaches of the Digital Markets Act (“DMA”). The Commission adopted two non-compliance decisions, imposing a EUR 460 Million fine for Google’s self-preferencing of its own services on Google Search and a EUR 430 Million fine for restrictions imposed on app developers’ ability to direct users to alternative purchase channels on Google Play. The Commission found that Google gave preferential treatment to its own services, including shopping, hotels, transport and sports results, by displaying them more prominently in search results than comparable third-party services. It also found that Google prevented app developers from freely communicating and promoting alternative offers and concluding contracts with users through channels of their choice, including third-party app stores. As part of the decisions, the Commission ordered Google to bring the non-compliance to an end.

• The European Commission approved Paramount Skydance Corporation’s (“Paramount”) proposed acquisition of Warner Bros. Discovery (“Warner”) under the EU Merger Regulation, subject to commitments. The Commission found that sufficient competitors would remain in the European Economic Area (“EEA”) at the film production level, including major U.S. studios, smaller U.S. studios and European studios. However, it identified competition concerns at the film distribution level in EEA countries where Paramount has a structural partnership with Universal through the United International Pictures (“UIP”) joint venture, as the transaction could have resulted in Warner’s films also being distributed through UIP and led to worse rental and distribution terms for cinema operators. To address these concerns, Paramount committed to terminate its stake in UIP in the EEA within 13 months from closing and, for 10 years, not to enter into arrangements with Universal to jointly co-distribute films in the EEA or shift certain film distribution activities to distributors also handling Universal or Disney films in the relevant UIP countries.

• The European Commission is reported to be considering whether ChatGPT and Roblox should be designated under the enhanced oversight regime of the European Union’s Digital Services Act (“DSA”), following disclosures that both services exceeded the relevant user threshold. According to the report, both services disclosed user numbers above the relevant threshold that may trigger additional obligations applicable to the largest online services under the DSA. The Commission has not announced a formal decision but indicated that the possibility remains under consideration and that any designation would be assessed on a case-by-case basis. If designated, ChatGPT and Roblox would become subject to additional regulatory obligations aimed at strengthening platform accountability, risk assessment, transparency and oversight. The development reflects the Commission’s continued focus on bringing large digital services, including artificial intelligence tools and online platforms with significant user bases, within the scope of the DSA’s enhanced compliance framework.

• The European Data Protection Board (“EDPB”) and the European Commission opened a call for expressions of interest for a remote stakeholder event on the forthcoming guidelines concerning the interplay between competition law and data protection. The event will take place on October 15, 2026, and is intended to allow individuals and organizations with relevant expertise to contribute to the ongoing work. The initiative reflects the EDPB’s commitment to stakeholder engagement and cross-regulatory cooperation under the Helsinki Statement and its 2024-2027 Strategy. Applications will remain open until August 28, 2026.

• The Court of Justice of the European Union (“CJEU”) upheld the power of competition authorities to seize business-related employee and executive emails during antitrust inspections without prior judicial authorization, provided that adequate procedural safeguards and judicial review mechanisms are available. The ruling arose from legal challenges brought in Portugal by companies contesting measures taken by the Portuguese Competition Authority during antitrust investigations. The CJEU rejected the argument that seizing emails without prior court authorization necessarily violates fundamental rights under EU law, finding that effective competition enforcement may justify such investigative measures where appropriate legal safeguards exist.

• The Court of Justice of the European Union dismissed Google LLC (“Google”)’s final appeal, making final a EUR 4.1 billion antitrust fine over the company’s Android business practices. The judgment upheld findings that Google abused its dominant position by requiring smartphone manufacturers to pre-install Google Search and Chrome and by restricting the use of alternative versions of Android. The ruling concludes nearly eight years of litigation that began after the European Commission (“Comission”) imposed a EUR 4.34 billion fine in 2018, which was later reduced to EUR 4.1 billion by the General Court in 2022.

• The General Court of the European Union upheld Apple Inc. (“Apple”)’s designation as a gatekeeper under the Digital Markets Act (“DMA”), maintaining regulatory obligations for iOS and the App Store. In its July 8, 2026 ruling, the court rejected Apple’s arguments that its app stores should be treated as separate services and dismissed its challenge regarding iMessage, finding that the messaging service was not subject to additional obligations under the DMA. Apple stated that it may appeal the decision to the Court of Justice of the European Union, arguing that the requirements are disproportionate and could undermine user privacy and security.
  
• The UK Competition and Markets Authority (“CMA”) launched an investigation into Microsoft Corporation (“Microsoft”) over concerns that customers may have been misled about Microsoft 365 Personal and Family subscription plans, including the addition of Copilot and other new features. From January 2025, Microsoft gave existing customers access to the new features at no extra cost for the remainder of their subscription period, but customers were automatically rolled onto higher-priced plans unless they selected another plan or ended their subscription. The CMA will examine whether Microsoft’s pre-renewal communications gave customers sufficient information to make an informed decision, and has not reached any conclusion on whether Microsoft breached the law, while competition authorities in Australia and Italy are separately investigating Microsoft entities in relation to similar subscription renewal practices.

• The UK Competition and Markets Authority (“CMA”) published its Annual Report and Accounts for the 2025–2026 financial year, covering the period from April 1, 2025 to March 31, 2026. The report provides an overview of the CMA’s performance, including its work to promote economic growth, improve household prosperity and enforce competition and consumer protection rules.

• The French Competition Authority ordered Meta Platforms, Inc. (“Meta”) to resume negotiations with French press organizations DVP and APIG regarding compensation for the use of journalistic content and to provide the information needed to assess its payment framework within 15 days. The Authority’s preliminary assessment indicated that Meta’s negotiating conduct, including its proposed payment methodology and the information shared with publishers, may raise competition concerns. The dispute relates to the European Union’s neighboring rights framework, which allows news publishers to seek payment when digital platforms reuse or display portions of their journalistic content. Meta disagreed with the Authority’s conclusions but stated that it would continue participating in the process.

• The French Competition Authority is reported to be close to deciding whether to formally accuse NVIDIA Corporation (“Nvidia”) of anticompetitive conduct in connection with competition concerns in artificial intelligence infrastructure. The potential statement of objections would mark a significant step in the authority’s investigation and could open an adversarial phase in the case, although no public details have been provided on the specific allegations and the conclusion of the investigation does not necessarily mean that Nvidia will face sanctions. The investigation stems from broader concerns over competition in cloud computing and artificial intelligence infrastructure, including dependence on Nvidia’s CUDA software ecosystem and the relationships between chip suppliers, cloud providers and artificial intelligence developers. The development reflects increasing regulatory scrutiny of whether concentration in semiconductors, cloud computing and foundational artificial intelligence models could limit market entry and innovation.

• The Belgian Competition Authority (“BCA”) launched a formal antitrust investigation into Google LLC (“Google”) over suspected conduct in the online advertising sector following a preliminary assessment that found indications of a possible breach of Belgian and European competition rules on abuse of dominance. The inquiry focuses on Google’s role across multiple layers of the online advertising supply chain, including advertising exchanges and tools used by advertisers to purchase digital ads. The BCA will assess whether Google’s contractual terms governing certain advertising intermediation services, as well as potential differences in how those services are provided, may have disadvantaged customers or competing businesses. The opening of formal proceedings does not prejudge the outcome of the investigation.

News From Private Sector

• Google LLC (“Google”) reached a settlement with the Russian Federal Antimonopoly Service (“FAS”) to resolve a long-running antitrust dispute concerning its Android business practices. Under the settlement, Google will no longer require exclusivity for its applications on Android devices sold in Russia and will allow competing search services and applications to be pre-installed on smartphones. The company also agreed to pay a fine of RUB 438 Million, equivalent to approximately USD 7.8 Million. The case originated from a complaint filed by Yandex in 2015, alleging that Google’s licensing practices restricted competition in the mobile software market by tying access to Google Play and other services to the pre-installation of Google’s own applications. The settlement also includes a search selection mechanism allowing Russian Android users to choose their preferred default search engine, with the measures intended to expand consumer choice and improve access for competing software providers and online services.

• Google LLC (“Google”) reportedly asked a UK court to exclude aspects of the European Commission’s recent Digital Markets Act (“DMA”) non-compliance decision from evidence in a multibillion-pound damages lawsuit brought by rival comparison shopping services. The request relates to ongoing private enforcement litigation in the United Kingdom following regulatory findings concerning Google’s conduct in digital markets. The development reflects the growing interaction between public enforcement under the DMA and follow-on damages actions brought by competitors alleging harm from large digital platforms’ market practices.

• Apple Inc. (“Apple”) and the U.S. Department of Justice (“DOJ”) reportedly began preliminary settlement discussions in the federal antitrust case concerning Apple’s alleged dominance in the smartphone market. The lawsuit, filed in March 2024 by the DOJ and a coalition of states, alleges that Apple used restrictions within its ecosystem to suppress competition, increase switching costs and reinforce customer dependence on the iPhone. The complaint focuses on practices affecting messaging interoperability, cloud gaming services, digital wallets, smartwatches and “super apps.” Apple has denied the allegations and maintains that its ecosystem policies are designed to protect user privacy, security and product quality. The reported discussions remain at an early stage, with no certainty that they will result in a settlement, while the case continues to be viewed as a significant test of how U.S. antitrust law addresses platform gatekeeping, interoperability and market concentration in digital ecosystems.

• A U.S. federal judge approved Anthropic PBC’s (“Anthropic”) USD 1.5 Billion settlement with a group of authors in a major artificial intelligence copyright case with broader implications for competition in the artificial intelligence sector. The settlement resolves claims alleging that Anthropic improperly copied millions of copyrighted books, including pirated works, to develop its Claude chatbot. Although the case is primarily a copyright matter rather than an antitrust case, disputes over lawful access to large-scale training datasets may affect the competitive structure of the artificial intelligence sector. The case also comes amid wider scrutiny by competition authorities in the United States, the United Kingdom and the European Union of partnerships between major technology companies and leading artificial intelligence developers, including concerns that access to proprietary data, cloud infrastructure and distribution channels may create barriers for smaller developers.