MLex: The European Commission has identified its 2026 priorities for implementing the EU AI Act, focusing on procedural rules for general-purpose AI models, regulatory sandboxes and the AI Office’s market surveillance role. Several rules implementing the AI law, including the criteria for designating a model ‘with systemic risk’ and the methodology to estimate energy consumption, have been de-prioritised, according to an internal document seen by MLex.

MLex: The European Commission seeks feedback on draft guidelines for 2024 election integrity under the Digital Services Act (DSA), targeting Very Large Online Platforms (VLOPs) and Search Engines, a statement published today said. The Commission stated that these guidelines are designed to tackle the risks that online platforms pose to democratic electoral processes. They include measures to mitigate risks like deep fakes and manipulation while ensuring freedom of expression. The consultation is open until 7 March 2024.

The European Commission (the Commission) has confirmed that it agrees with the Council of the EU’s position on the proposed regulation amending the ESRB Regulation, the EBA Regulation, EIOPA Regulation, the ESMA Regulation, the SRM Regulation, the InvestEU Programme Regulation and the AML Authority Regulation (Regulations (EU) 1092/2010, 1093/2010, 1094/2010, 1095/2010, 806/2014, 2021/523 and 2024/1620), as issued by the Council of the EU on 16 July 2025. The Commission has confirmed that it accepts the Council’s position at first reading although the Commission notes that the Council’s compromise text is weaker than the Commission’s original proposal.

MLex: The European Commission must pay €400 in damages to a user of one of its websites over the transfer of personal data to the US without the necessary safeguards, EU judges ruled today. Thomas Bindl claimed his IP address was unlawfully sent to Facebook when he registered for an event on the Commission's website. The court dismissed part of his claim but held the Commission responsible for the transfer to Facebook.

MLex: The European Commission has been asked by a group of civil society organisations to assess whether it can guarantee the independence of a former Meta Platforms lobbyist who was recently appointed to be a commissioner in Ireland’s Data Protection Commission (DPC). In a statement on 14 October 2025, European Digital Rights (EDRi) and 40 other groups said the DPC’s appointment of the former Meta lobbyist raised ‘serious questions’ about both the perception and reality of its independence.

MLex: The European Commission cautiously welcomed the US decision to apply a 10% tariff rate to EU imports under new section 301 forced-labour measures, saying it aligns with the EU-US Turnberry agreement by preserving lower tariffs and restoring key product exemptions. The Commission said the move provides momentum for further negotiations on additional tariff relief and broader co-operation, while continuing talks on unresolved trade issues including steel, aluminium and trucks.

The European Commission is conducting a targeted evaluation of the medical devices regulatory framework as introduced by the Regulation (EU) 2017/745 (the Medical Devices Regulation (MDR)) and Regulation (EU) 2017/746 (In Vitro Diagnostic Medical Devices Regulation (IVDR)), together the 'Regulations'. Following on from a workshop in France, national EU Competent Authorities have published a consensus statement on the state-of-play of transitioning to these Regulations. Since their passage seven years ago in 2017, there have been several challenges and considerable work by stakeholders to implement them. 'Significant delays in progression and practical application of the new regulatory framework have been experienced; costs have increased for all parties, with little transparency or predictability; this, together with planning challenges and capacity shortfalls at various points in the system, has contributed to uncertainty and hesitation in transitioning. This has resulted in risk of disruption to supply, shortage or lack of availability of essential medical devices...'. In particular, the statement identified among the challenges and unintended consequences, that the transition of legacy medical devices to the new Regulations is delayed which has slowed the introduction of important improvements relating to safety and transparency, and 'potentially diverted the introduction of new technologies that may benefit people across Europe'. In its support for the Regulations and the Commission, it makes clear that these challenges still must be addressed despite the four necessary legislative amendments already made to extend the transition periods due to these delays. The authorities recognise urgent further measures are necessary and will work with the Commission for the evaluation to identify solutions and implement them in the short and medium term.

This calendar lists upcoming EU competition law developments. September 2026 Date Type of event Details 25/09/2026 FSR deadline European Commission phase I deadline in Unipol Assicurazioni/BPER (FS.100380) 28/09/2026 FSR deadline European Commission phase I deadline in Bally’s Intralot/evoke (FS.100369) 29/09/2026 EU merger deadline European Commission phase I deadline in Kimberly-Clark/Kenvue (M.12330) October 2026 Date Type of event Details 01/10/2026 AG opinion AG opinion due in the Court of Justice in Case C- 347/25 Zapp, a national reference from Germany seeking clarification as to whether Article 101 TFEU precludes a provision in national law under which a legal person on which a national competition authority has imposed a fine for an infringement of Article 101 TFEU committed by its management body may claim compensation from the management body for the damage the legal person has suffered as a result 01/10/2026 Judgment Judgment due in the Court of Justice in Case C- 845/24 P Silgan Holdings and Others v Commission, an appeal of the General Court’s judgment in Case T- 589/22 dismissing an action for annulment

At first glance, intellectual property (IP) law and competition law can appear to pursue conflicting aims. The former enables holders of intellectual property rights (IPRs) to control access to their IP, allowing them to limit the direct competition they face, and in some circumstances conferring a monopoly upon them. Competition law, on the other hand, aims to promote open markets and to regulate the acquisition and use of market power. Despite this apparent tension, it is widely acknowledged that both regimes share the same overall goal of promoting consumer welfare. The European Commission (the Commission) in particular recognises that, by incentivising undertakings to innovate and invest in improved products and processes, IPRs promote dynamic competition. At the same time, the exercise of IPRs is not immune from competition law intervention, and enforcement activity by the Commission in R&D-heavy sectors such as the pharmaceutical and tech industries has raised questions around the application of competition law principles in IP-intensive cases—particularly those involving unilateral conduct by IPR owners.

This Practice Note covers the application of EU competition law to common practices that take place within the pharmaceutical sector. The pharmaceutical sector is consistently the target of scrutiny from both the European Commission and national competition authorities, which is unsurprising given the importance of pharmaceuticals to the health of citizens, and the high financial burden that pharmaceuticals place on national healthcare systems. Anticompetitive practices which jeopardise patients’ access to innovative and affordable medicines are therefore quick to catch the attention of competition enforcers. Traditionally, the Commission is more focused on ‘Pay-for-delay’/reverse payment patent settlements cases. The pharmaceutical sector has certain characteristics which distinguish it from other sectors. These include the significant investment involved in bringing a therapy to market and its high level of risk, the multiple decision makers influencing the choice of therapy used (eg healthcare professionals (HCPs), pricing and reimbursement authorities, insurers and hospitals), the high level of price controls,

A round-up of EU competition law developments, including (amongst other things) the latest (1) the Court of Justice’s judgment dismissing Scania’s appeal relating to the truck cartel market, and (2) Advocate General Rantos’s opinion suggesting that the Court of Justice should dismiss the appeal relating to the calculation of the fine in the pre-stressing steel cartel case.

A round-up of EU competition law developments, including (amongst other things) the latest EUMR developments.