Competition Law Update - August 2026

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

In this edition we consider the competition policy implications of the UK Government’s recent change of leadership, examine the EU Court of Justice’s (CJEU) landmark judgment upholding a fine against Google for abuse of dominance relating to the Android operating system, and review two (not entirely consistent) sets of judgments concerning information-gathering powers in merger and antitrust investigations. 

We also analyse an important UK Court of Appeal judgment on the boundaries of "by object" infringements in distribution systems, review the key features of the new EU FDI Screening Regulation, unpack the CMA's proposed new approach to merger efficiencies, and consider the CJEU’s latest judgments on how sporting regulations that restrict competition may be justified by legitimate public interest objectives.

The likely implications for UK competition policy of Andy Burnham’s premiership

Andy Burnham has become Labour leader and Prime Minister. In this article, we consider whether and how competition policy in the UK is likely to change as a result of his successful leadership campaign - in the absence of any express pronouncements on the subject. 
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Google Android: CJEU confirms €4.125bn fine and supports European Commission position on exclusionary abuses 

The CJEU has dismissed Google’s appeal against the finding that contractual restrictions relating to the Android operating system constituted an abuse of dominance, confirming a fine of over €4bn. The judgment provides important guidance on establishing exclusionary abuses in digital markets, particularly regarding the application of the as-efficient competitor test.
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ROGON, RRC Sports and the football ecosystem: CJEU tackles the scope of the public interest exception

In two recent judgments (ROGON and, separately, RRC Sports), the CJEU provided further guidance on the limits of the Wouters/Meca-Medina doctrine, under which sporting regulations that restrict competition may be justified by legitimate public interest objectives. These judgments, concerning rules governing the use of players’ agents, are the latest developments in an increasing body of case law on the intersection between professional sports and EU competition law. 
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Vivendi/Lagardère: EU General Court dismisses human rights objections and confirms Commission’s broad information-gathering powers in merger investigations

The General Court dismissed challenges to information requests issued by the Commission during a gun-jumping investigation into these two companies. In doing so, it confirmed the Commission’s power to require the production of messages on personal devices where those devices had been used for professional communications at least once. It also provided guidance on how the Commission should protect journalistic sources in its investigations. 
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CJEU confirms competition authorities’ information-gathering powers, but introduces additional protection for data on personal devices

Not long after the Vivendi/Lagardère judgments were handed down, the CJEU issued a ruling in Imagens Médicas Integradas (and other joined cases) that appears to introduce an extra administrative hurdle for competition authorities wishing to examine data on personal devices. We examine the key takeaways in this article, including its consistency with the aforementioned judgments.
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Deckers v Up & Running: redrawing the boundaries of object infringements in distribution systems

In a notable judgment, the Court of Appeal comprehensively overturned the Competition Appeal Tribunal's finding that Deckers' termination of Up & Running as a distributor restricted competition. The ruling is likely to benefit operators of distribution systems in the UK, as it emphasises that restrictions imposed on distributors cannot be assumed to restrict competition “by object”, without an examination of the relevant market context.
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The new EU FDI Screening Regulation: (un)welcome changes for dealmakers

Regulation 2026/1386 entered into force on 16 July 2026. While it will bring welcome procedural improvements to the EU’s FDI screening harmonisation framework, it could also increase the regulatory burden for some foreign investors. We examine the key changes.
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Unpacking the CMA's proposed new approach to merger efficiencies

The CMA has published draft revised guidance on Rivalry-Enhancing Efficiencies, signalling a more receptive approach to efficiency claims by committing to apply the same evidentiary standard as for theories of harm and by giving meaningful recognition to “dynamic” efficiencies. 
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