Competition Stories: July 2025 – December 2025

Key Takeaways

• WhatsApp AI policy triggers EU‑wide and Italian investigations simultaneously
• Amazon Buy Box case confirms limited scope of Article 11(6) protection
• Google AdTech case shows benefits of early EU‑level centralisation
• Parallel probes risk divergent outcomes and higher compliance burdens
• Digital markets’ cross‑border nature pushes for stronger ECN allocation rules

Pulse Analysis

The rise of parallel investigations reflects the EU’s multilevel enforcement architecture, where the Commission and NCAs share jurisdiction under Regulation 1/2003. Digital platforms operate seamlessly across borders, prompting national authorities to act quickly on perceived abuses. Recent cases—Meta’s WhatsApp AI restrictions, Amazon’s Buy Box practices, and Google’s AdTech conduct—illustrate how overlapping inquiries can fragment enforcement, create inconsistent rulings, and impose costly procedural burdens on firms that must navigate multiple procedural tracks.

Legal scholars and practitioners point to the Court of Justice’s rulings in the Slovak Telekom and Amazon Buy Box cases as pivotal in defining the limits of Article 11(6). The judgments confirm that national competence persists unless the EU investigation mirrors the exact undertaking, conduct, market, and timeframe. This nuanced interpretation means that, in practice, many digital‑market cases will continue to see dual proceedings, especially when national authorities target specific territorial effects or seek interim measures. The Commission’s decision to centralise the Google AdTech probe—avoiding a parallel Italian case—demonstrates a strategic use of its broader cross‑border reach to deliver a single, coherent assessment.

For businesses, the growing prevalence of parallel enforcement underscores the importance of robust, EU‑wide compliance programs that can adapt to both EU‑level and national scrutiny. Companies must monitor not only antitrust developments but also emerging regulatory regimes like the Digital Markets Act, which can trigger simultaneous investigations under different legal bases. Strengthening coordination within the European Competition Network—through clearer allocation rules and early case‑sharing mechanisms—could reduce duplication, enhance legal certainty, and ensure that enforcement resources are deployed where they are most effective, ultimately fostering a more predictable market environment for digital innovators.