Franklin is pleased to share the third edition of its newsletter dedicated to key developments in competition, distribution and consumer law, as well as foreign direct investment (FDI) control and foreign subsidies control, including:
- Vertical restraints and abuse of economic dependence: The French Court of Cassation upheld the judgment substantially reducing the fines imposed on Apple and its authorised wholesalers, while confirming the existence of a vertical customer-allocation agreement and an abuse of the economic dependence of Apple Premium Resellers.
- Abuse of dominance and digital markets: The CJEU upheld the €4.125 billion fine imposed on Google in the Android case for abusive practices relating to the pre-installation of Google Search and Chrome and the imposition of Android anti-fragmentation obligations, while the European Commission imposed interim measures requiring Meta to restore and maintain free access to the WhatsApp Business API for third-party general-purpose AI assistants competing with Meta AI.
- Merger control: The increase in the French merger notification thresholds will enter into force on September 1ˢᵗ, 2026, while the French Competition Authority unconditionally cleared the conversion of 167 Auchan stores into Intermarché and Netto stores.
- Distribution and restrictive trade practices: The French Senate published its committee of inquiry report on industrial manufacturers’ and retailers’ margins, setting out 24 recommendations aimed at rebalancing the distribution of value throughout the food supply chain, while the Court of Cassation clarified the interaction between the significant imbalance regimes under the French Civil Code and the French Commercial Code.
- Consumer law: France definitively adopted legislation regulating ultra-fast fashion, introducing new information, environmental and advertising obligations, while new consumer protection rules applicable to distance contracts entered into force on June 19ᵗʰ, 2026.
- Foreign subsidies and investment control: The European Commission opened an in-depth investigation under the FSR into JD.com’s proposed acquisition of CECONOMY, while the Council of the EU formally adopted the new EU foreign direct investment screening regulation.
