Covington Competition

The Covington View

Latest from Covington Competition

On September 16, 2026, European Commission President von der Leyen opened her annual State of the Union address with the warning that “[a] fight for industrial capacities is shaping global competition”. Her speech indicated how the European Commission intends to respond to concerns about European competitiveness and economic security. Those priorities already appear in reforms…

Executive Summary

  • Geopolitical developments are driving significant investment into the defense sectors in Europe. Acquisitions and investments in these sectors are likely to require multiple regulatory approvals across merger control, foreign investment / national security control, and foreign subsidies.
  • Merger control across the EU and UK is becoming more accommodating for defense deals, with the

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Introduction

In the space of just one week, the EU’s top court, the European Court of Justice (“ECJ”), delivered two important judgments that clarify the scope of sport rule-making activities that can benefit from an antitrust exemption: the ROGON judgment on 9 July 2026, and the much more detailed RRC Sports judgment on 16 July…

For more than twenty years, FIFA’s Regulations on the Status and Transfer of Players (“RSTP”) have sought to balance the stability of football teams with player mobility. That balance was fundamentally challenged by the European Court of Justice (“ECJ” or the “Court”) in Case C-650/22 FIFA v Diarra (“Diarra”).

Less than two years…

I. Introduction

On 3 August 2026, the President of the EU General Court issued an order addressing the scope of legal privilege under EU law. The order dismissed Broadcom’s application to suspend a decision by the European Commission requiring the production of documents in its investigation into Broadcom’s allegedly abusive software licensing practices.

The purpose of…

Introduction

On August 5, 2026, NHV Group announced that its proposed acquisition by GD Helicopter Finance (“GDHF”), ultimately controlled by China-based GDAT Group, would not proceed after Belgian authorities blocked the transaction under Belgium’s foreign direct investment screening regime, following a review coordinated by the Interfederal Screening Committee (“ISC”). This marks the first public prohibition…

On 29 April 2026, the European Commission (“Commission”) adopted its Communication establishing the “Middle East Crisis Temporary State Aid Framework” (“METSAF”). The Communication introduces a new State aid framework to mitigate the consequences of the energy price spikes and supply chain disruptions caused by the ongoing hostilities in Iran and the wider region,…

What’s changing, and why is it important?

In July 2026, the Ministry of Economy & Tourism of the United Arab Emirates (the “Ministry” and “UAE”) published its Guidelines on Relevant Market Definition (the “Guidelines”), providing a detailed look into the Ministry’s framework for market definition assessment. The Ministry considers market definition to be a “fundamental…

On 30 April 2026, the Court of Justice of the EU (the “Court”) delivered its judgment in Case C‑133/24 CD Tondela and Others (“Tondela”). The case arose from a preliminary ruling request submitted by a Portuguese court concerning a no-poach agreement entered into by Portuguese professional football clubs during the COVID-19 pandemic.

This…

On 30 April, the UAE adopted Cabinet Decision No. (59) of 2026 (“the 2026 Executive Regulations”), setting out the executive regulations for Federal Decree-Law No. (36) of 2023 on the Regulation of Competition. The 2026 Executive Regulations replace the previous implementing regulations adopted in 2014 under the former UAE competition law. They are expected to…