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European Commission Investigates Sanofi Over Disparagement of a Rival Flu Vaccine
The European Commission (“Commission”) has initiated an investigation into whether Sanofi abused its dominant position by running a communication campaign that disparaged the only rival flu vaccine recommended for vulnerable patients. Sanofi markets an enhanced flu vaccine for people over 60 under the brand name Efluelda, which competes with the Fluad vaccine sold by CSL Seqirus. Sanofi portrayed Fluad as inferior in messaging aimed at healthcare professionals in Germany and France, where Sanofi holds a dominant position.
Sanofi suggested that the evidence base for Fluad was weaker than for Efluelda, contrary to the findings of the European Centre for Disease Prevention and Control, and it misrepresented national vaccination recommendations. In particular, the Commission is preliminarily concerned that certain claims may misstate the evidentiary basis for Fluad compared to Efluelda, misrepresent national vaccination recommendations, and imply that the German recommendation for Fluad remains scientifically contested. If proven, the conduct could breach the prohibition on abuse of a dominant position.
The Commission has previously pursued two cases in the pharmaceutical sector that involved anti-competitive disparagement. First one is Teva case that resulted with €462.6 million fine for gaming the patent system and disparagement and the second is Vifor that resulted in measures including the launch of a comprehensive multi-media campaign to undo the effects of previous disparagement of a competitor.
CMA Imposes New Conduct Rules on Google Search
On 17 June 2026, the UK Competition and Markets Authority (“CMA”) imposed two new conduct requirements on Google’s general search services under the UK’s digital markets competition regime, following its designation of Google as having strategic market status in general search and search advertising.
The first requirement concerns fair ranking and addresses the CMA’s concern that Google Search is a key gateway for businesses, while ranking practices may not always be sufficiently transparent or open to challenge. Google must rank “organic” search results using objective and non-discriminatory criteria. This also covers the results shown in AI Overviews, though not sponsored results. Google must be clearer about how ranking works, give advance notice of significant changes, and offer businesses an effective way to raise concerns.
The second requirement concerns data portability. Google must allow users to transfer their search data to authorised third parties, such as rewards platforms.
Google has six months to put the fair ranking requirement in place and three months for data portability, and the CMA may take further measures if needed.
FTC Bars Rollins from Enforcing Worker Non-Competes
On 22 June 2026, the U.S. Federal Trade Commission (“FTC”) finalised a consent order requiring Rollins, one of the largest pest-control companies in the United States, to stop enforcing non-compete agreements against more than 18,000 current and former employees nationwide. According to the FTC’s complaint, the agreements typically barred Rollins’ staff from working in the pest-control industry for two years after leaving, within a 75-mile radius of any of the company’s 700-plus U.S. locations.
The order also requires Rollins to take additional steps, including notifying affected current and former employees that they are no longer bound by a non-compete agreement and may compete with Rollins, including by establishing their own businesses.
CADE Fines Denso in Auto-Parts Cartel
Brazil’s Administrative Council for Economic Defense (“CADE”) imposed a fine of BRL 100.787 million (approximately EUR 17 million) on Denso, the world’s second-largest auto parts supplier, for participating in a cartel in the market for wiring harnesses and automotive electronic components. The case stems from an administrative proceeding initiated in 2015 against 22 companies and 89 individuals.
According to the decision, the cartel operated from approximately 2000 to 2008 and involved price fixing, project allocation, geographic market sharing and exchanges of competitively sensitive information. CADE found that the conduct harmed consumers, as higher prices were ultimately reflected in vehicle prices.
Bertelsmann Returns to Music with
Bundeskartellamt Clearance for BMG-Concord JV
The German Federal Cartel Office (“Bundeskartellamt”) has cleared the formation of a joint venture between Bertelsmann Music Group (BMG), part of Bertelsmann SE & Co. KGaA, and Concord, which is backed by Great Mountain Partners. The deal creates one of the largest music companies in the world and brings Bertelsmann back into a business it had largely left.
Bundeskartellamt concluded that, despite its considerable scale, the joint venture is not expected to significantly impede effective competition, because it will still face strong rivals, such as Universal Music, Sony Music and Warner Music. In its assessment, the Bundeskartellamt paid particular attention to the music catalogue business, which is expanding alongside streaming. The transaction remains subject to review by competition authorities in other countries.
Commission Clears Carlyle/ BASF Coatings Deal Subject to Polysulfides Divestment
The European Commission has conditionally approved Carlyle’s proposed acquisition of BASF’s coatings division. Carlyle is a global investment firm whose portfolio includes Nouryon, a specialty chemicals supplier active in polysulfides, while BASF Coatings supplies coating products, including aerospace sealants. The Commission identified concerns that the transaction could create a vertical foreclosure risk in aerospace sealants, as polysulfides are a critical input and Nouryon is one of only two global suppliers of polysulfides.
In particular, the Commission considered that the merged entity could have the ability and incentive to restrict BASF Coatings’ competitors’ access to polysulfides or use commercially sensitive information available to Nouryon. To address these concerns, Carlyle committed to divest Nouryon’s worldwide polysulfides business, including its Greiz plant and related assets, to a suitable purchaser. Following market testing, the Commission concluded that the transaction, as modified by the commitments, would no longer raise competition concerns. The implementation of the commitments will be monitored by an independent trustee.
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