The podcast episode examines the evolving boundaries of competition law in the context of corporate communications, exploring a shift in enforcement focus from traditional, direct interactions between competitors to a broader assessment of how companies communicate publicly with the market.

Advances in data-driven enforcement, including AI-assisted analysis, have significantly expanded competition authorities’ ability to detect potentially problematic patterns across large volumes of information. Recent cases of the European Courts and national competition authorities, including the Italian “Bio Component” case illustrate that the critical issue is no longer the specific audience of a communication, but whether the information disclosed can reduce strategic uncertainty and enable market participants to anticipate each other’s behaviour.

Overall, the episode underscores a changing enforcement logic: competition risks increasingly stem from the way companies shape market expectations, even in the absence of direct coordination. This development is reinforced by more sophisticated detection methods that make subtle forms of alignment more visible to regulators.

In this episode of Competition+, we take a closer look at the European Commission’s review of the EU Merger Guidelines – rules that explain how mergers are assessed under EU competition law. With the current guidelines dating back around 20 years, the Commission is seeking to modernise its approach considering evolving markets, enforcement trends and case law.

The discussion delves into key areas under consultation:

• Assessing market power, including a potential shift away from traditional safe harbors;
• Innovation, with a focus on predicting when deals might stifle or stimulate R&D;
• Sustainability, and whether merger control can support the green transition;
• Digitalisation, and the need for new theories of harm to address rapidly evolving, data-driven markets.

Tune in to hear what these changes could mean for businesses, dealmakers, and the future of merger control in the EU.

Labour markets have been under intense scrutiny lately with both the European Commission and national competition authorities in the EU looking into various forms of anti-competitive agreements affecting labour markets.

In this episode of Competition+ we dive into the complex world of no-poach agreements, which are essentially arrangements between companies not to hire or solicit each other's employees. We break down what these agreements entail and how they differ from other legal arrangements (such as non-compete and non-solicitation agreements), the various forms they can take, and how they often surface in practice.

Employers should be aware that competition authorities often view no-poach agreements as anti-competitive. Such agreements can carry significant risks for the company and, sometimes, for its legal representatives. It is essential to understand the limits within which employers can pursue legitimate business decisions in relation to their employees. We wrap up with actionable tips for employers and HR professionals to avoid illegal conduct and mitigate legal risks in today’s evolving environment of antitrust enforcement.