European Competition Law Newsletter — May 2026

Why It Matters

These developments reshape competition oversight, consumer protection and national‑security vetting across Europe, signalling tighter scrutiny of tech licences, pricing practices and foreign‑subsidised bids.

Key Takeaways

• EU/UK block exemption for tech licences effective 1 May 2026
• New guidelines address data‑licensing and licensing‑negotiation groups
• CMA fined AA £4.2 m (~$5.3 m) for drip‑pricing, refunds £760k
• EU’s first FSR conditional approval targets Chinese subsidy in Lisbon metro
• UK NSI Act clears Manx Telecom sale with cybersecurity and service‑continuity conditions

Pulse Analysis

The revised Technology Transfer Block Exemption Regulation (TTBER) reflects the EU’s effort to align competition law with today’s data‑driven economy. By explicitly covering data‑licensing for production and clarifying the treatment of licensing‑negotiation groups, the new rules aim to preserve pro‑competitive collaboration while curbing cart‑like behaviour. Companies will need to document market‑share thresholds and adopt safeguards for joint negotiations, ensuring that genuine buyer coalitions do not cross the line into illegal cartels.

In the United Kingdom, the CMA’s first enforcement action under the Digital Markets, Competition and Consumer Act underscores a growing regulatory focus on transparent pricing. The £4.2 million (~$5.3 million) fine against AA for drip‑pricing, coupled with a £760,000 (~$970,000) customer refund, sends a clear message that hidden fees will no longer be tolerated. The move follows data showing that nearly half of online retailers conceal mandatory charges, costing consumers an estimated £3.5 billion (~$4.4 billion) annually, and it reinforces the CMA’s Clear Pricing campaign as a practical compliance tool.

Across the EU, the inaugural conditional approval under the Foreign Subsidies Regulation (FSR) demonstrates the bloc’s willingness to intervene when foreign state aid distorts public procurement. By forcing a Chinese‑subsidised subcontractor out of the Lisbon metro tender, the European Commission set a precedent for scrutinising large contracts exceeding €250 million (~$272 million) and foreign contributions over €4 million (~$4.4 million). Meanwhile, the UK’s National Security and Investment Act conditioned the Manx Telecom acquisition on service continuity and a dedicated cybersecurity unit, highlighting how national‑security concerns now extend beyond buyer identity to operational safeguards. Together, these actions illustrate a tightening of competition, consumer, and security regimes that firms must navigate to avoid penalties and market exclusion.