EU Competition

Here is the latest edition of our EU Competition newsletter 👇 We hope you enjoy the read!

🔴 Today, we open a formal antitrust investigation into Align Technology's conduct regarding Invisalign clear aligners and intra-oral scanners 🦷 The investigation will assess if the company has breached EU competition rules by unfairly leveraging its market-leading Invisalign clear aligners by tying them to its iTero intra-oral scanners. We are concerned that Align Technology's restrictive interoperability strategy may have created a closed ecosystem around Invisalign by: 💠 refusing to approve competing state-of-the-art scanners for the automated submission of scans for Invisalign orders and 💠 refusing to accept dental professionals’ submissions of scans generated by other intra-oral scanners, even when they are based on industry-standard files. If proven, these practices could restrict competition and infringe EU antitrust rules on the abuse of a dominant position. This is the first formal antitrust investigation in the medical devices sector. The opening of a formal investigation does not prejudge its outcome. Read more 👇 🔗 https://lnkd.in/g77deRbH

We have informed the Netherlands that the rules for allocating capacity on the Dutch main railway network may be in breach of EU antitrust rules 🚆 Since 2025, the Dutch domestic rail passenger market has been open to competition, allowing railway companies to operate on the main lines of the Dutch railway network in direct competition with NS, the State-owned incumbent operator. 🚉 However, the current Dutch rules give priority to NS when several railway companies want to run trains on the same busy parts of the network and railway capacity is limited. NS also operates international passenger services through partnerships with other European railway companies. Why does this matter❓ These rules may create an inequality of opportunity between NS and competing operators seeking access to the Dutch railway network for international passenger services. This could enable NS to maintain or reinforce its dominant position. 📩 We have therefore sent a Letter of Formal Notice to the Netherlands setting out our preliminary competition concerns. Read more 👇 https://lnkd.in/gEMianQA

🔴 We have approved a €402 million Spanish State aid scheme to support road transport companies facing increased fuel prices 🚚 This measure has been approved under the Middle East Crisis Temporary State Aid Framework, adopted by the Commission in April 2026. 💶 It will provide support in the form of direct grants, covering up to 70% of the additional fuel costs incurred as a result of the crisis for certain beneficiaries. We found that the scheme is necessary, appropriate and proportionate to facilitate the development of economic activity affected by the crisis, while safeguarding competition in the Single Market. ℹ️ The METSAF enables Member States to provide targeted and temporary support to sectors most exposed to the economic effects of the Middle East crisis, including transport, agriculture, fisheries and energy-intensive industries. It will run until 31 December 2026. More info 👇  https://lnkd.in/g7G2xBHE

This week we took part in the OECD - OCDE Competition Week, joining competition authorities and experts from around the world to exchange experiences and discuss key challenges in competition policy. DG Competition participated with a delegation, led by Director-General Anthony Whelan, which contributed to discussions across a wide range of topics. Some of the key takeaways ⬇️ 🛡️ We highlighted how national security considerations are taken into account in competition enforcement, as well as the role of Member States when invoking national security as a ground for intervention. ℹ️ We presented the European Commission's analytical framework and key legal test on information exchange, highlighting important clarifications introduced in the revised Horizontal Guidelines. 🕵♀️ We discussed how strengthening investigative cooperation with prosecutors, investigative judges and economic and financial police enhances ex-officio detection of cartels conduct. 📈 We shared evidence showing that the work of the European Commission and national competition authorities is estimated to generate direct customer savings of between €18 and €30 billion per year (2020–2024), while contributing to lower prices, higher productivity and stronger economic growth. 🔍 We discussed how we combine a strong leniency programme, robust whistleblower protection, and data-driven techniques, including text analysis of public communications, to uncover cartel leads. Many thanks to the OECD Competition Law and Policy team and all participants for another valuable week of discussion, cooperation and knowledge sharing.

🔴 We have opened an investigation into possible anticompetitive conduct by Sanofi regarding the promotion of a flu vaccine for vulnerable patients 💉 We will assess whether Sanofi may have breached EU competition rules by carrying out a communication campaign that disparages the only rival flu vaccine recommended for patients with risk factors. 🩺 The campaign primarily targeted healthcare professionals in Germany and France, where Sanofi holds a dominant position. In particular, we are concerned about the 🔹 Misleading claims about the scientific evidence supporting the competing vaccine. 🔹 Misrepresentations of national vaccination recommendations. 🔹 Claims suggesting that national recommendations remained subject to unresolved scientific objections. If proven, these practices may breach EU competition rules prohibiting the abuse of a dominant position. We have also adopted a Preliminary Assessment summarising our concerns and Sanofi may now submit commitments to address them. More information 👇 🔗 https://lnkd.in/gbWwt8q9

Today, we informed Amazon and Microsoft of our preliminary view that their cloud computing services should be designated as gatekeepers under the Digital Markets Act ☁️ Why ❓ Our preliminary findings indicate that Amazon Web Services and Microsoft Azure - the two largest cloud computing services in the EU - act as important gateways between businesses and their customers. They appear to benefit from 💠 vast and entrenched user bases 💠 significant lock-in effects, high switching costs and extensive ecosystems 💠 AI tools and partnerships that increasingly influence cloud procurement decisions 💠 entrenched and durable positions in the EU cloud computing sector This matters beyond tech ➡️ Cloud computing is the backbone of healthcare, finance, and manufacturing, and the foundation for AI. Both companies can now exercise their rights of defence and respond to our preliminary findings ✍️ If our preliminary findings are confirmed, Amazon and Microsoft would have six months to ensure their designated cloud services comply with the DMA's obligations. For more information 👇 https://lnkd.in/gks_c4CR

Tomorrow will mark one year since the adoption of the Clean Industrial Deal State aid Framework (CISAF) ✅   The CISAF helps EU Member States to easily support the development of clean energy, industrial carbonisation and clean technology 🌱.   By using the CISAF over the last year, the Commission has:   🔹 Taken a total of 28 decisions 🔹 Approved 29 national measures notified by 15 Member States 🔹 Approved a total of €61.778 in State aid The decisions taken include: 🔹 6 decisions on aid schemes to accelerate the rollout of renewable energy 🔹 17 decisions on investment aid schemes 🔹 3 decisions on temporary electricity price relief for energy-intensive users 🔹 2 decisions on aid for the decarbonisation of industry See our website for more information on the CISAF 👇 🔗 https://lnkd.in/e8PQW_9c

Together with the National Competition Authorities of the European Competition Network, we are publishing a Joint Statement on the implementation of merger call-in mechanisms 📃 It has become increasingly evident that some concentrations that do not meet mandatory notification thresholds may still have a significant impact on competition, to the detriment of consumers and competitive market dynamics. As more and more Member States introduce call-in mechanisms into their national legal frameworks, this Joint Statement comes at a timely moment. It recognises that call-in mechanisms can be an effective and proportionate tool to ensure that potentially harmful mergers do not escape scrutiny, while also setting out key principles to enhance legal certainty and predictability for businesses. Read the Joint Statement here ⬇️

🔴 We have approved €76 million in German State aid to support a first-of-a-kind semiconductor testing equipment facility ✅ The measure will support QuantumDiamonds GmbH in setting up a new facility for the production of semiconductor testing equipment in Munich. 📌 The facility will develop cutting-edge testing equipment enabling high-resolution and 3D inspection of modern chips, helping strengthen Europe’s semiconductor ecosystem and technological leadership. ℹ️ The facility will be the first production site for novel semiconductor metrology and inspection systems based on quantum sensing in the EU. Under the measure, the beneficiary committed to: 🎓 Strengthen collaboration with universities and research institutions; 🤝 Create opportunities for start-ups, SMEs and academic laboratories by making part of the facility available to them; 🔒 Help strengthen the EU’s security of supply and expand the qualified workforce in the semiconductor sector; ⚠️ Fulfil orders on a priority basis in the event of a supply shortage. For more information ⬇️ https://lnkd.in/gTiD9DJ5