In This Issue1
United States | Mexico | Poland | Italy | European Union | Germany | Japan
United States
A. U.S. Litigation
1. In re: Shale Oil Antitrust Litigation, No. 1:24-md-03119 (D.N.M.).
On Aug. 31, 2026, the court largely denied the defendant oil producers’ motion to dismiss claims alleging that they illegally fixed prices by reducing shale oil production. The defendants argued that the claims presented a nonjusticiable political question because they implicated OPEC and foreign policy issues. The court rejected that argument, holding that the “core question” was “whether domestic corporations and individuals conspired to coordinate production cuts.” The court also held that the plaintiffs had plausibly alleged a conspiracy, explaining that “[a] conspiracy may be inferred from market conditions and defendants’ production decisions, communications, and public statements.” The court found that the plaintiffs—commercial and government consumers in this multidistrict litigation—identified “interactions that extend beyond the exchange of standard industry information and give some support for an inference of an agreement.” The court dismissed some state-law claims, narrowed others, and barred certain plaintiffs from asserting specific claims.
2. Robinson et al. v. HP Inc., No. 1:24-cv-00164 (N.D. Ill.).
On Sept. 1, 2026, the court granted Hewlett-Packard (HP)’s motion to dismiss claims by customers alleging HP unlawfully prevented them from using third-party ink cartridges. After allowing the plaintiffs to replead, the court held that they still failed to plausibly allege consumer-fraud or antitrust claims. The plaintiffs challenged HP’s disclaimer that third-party ink “may not work” with HP products, but the court held the disclaimer was not misleading because it truthfully disclosed HP’s position and warned consumers. The court also found no plausible tying arrangement because plaintiffs did not allege that HP conditioned printer sales on an agreement to buy HP ink cartridges.
3. Iowa and Montana v. Arizona et al., filed in the U.S. Supreme Court.
On Aug. 25, 2026, Iowa and Montana filed a bill of complaint directly in the Supreme Court, seeking to enjoin Arizona, California, Colorado, Connecticut, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Washington from pursuing their “politicized enforcement action” in the Northern District of California to block Paramount Skydance Corp.’s acquisition of Warner Brothers Discovery. They also seek declarations that those states may not obtain an injunction against the merger and that the merger does not violate Section 7 of the Clayton Act. Iowa and Montana invoke the Court’s original and exclusive jurisdiction over controversies between states under Article III, Section 2. They allege economic injury, arguing that efforts to block or delay the merger would “paralyze” the companies, kill the deal, and harm local and national economies. They also argue that only the Supreme Court can resolve the dispute because “[t]welve states have effectively vetoed a transaction” that “the other thirty-eight, and the United States, declined to challenge” in a “carefully chosen venue” with trial set for March 2027. Iowa and Montana request expedited consideration.
B. Federal Trade Commission (FTC)
FTC chair considers “short term” behavioral remedy but allows IonQ/SkyWater to close.
On July 31, 2026, the FTC granted early termination of its antitrust review of IonQ Inc.’s proposed acquisition of SkyWater Technologies Inc., allowing the deal to proceed without further investigation. IonQ develops quantum computing technology and SkyWater fabricates quantum chips. The FTC did not bring an enforcement action or require remedies, but Chairman Andrew N. Ferguson and Commissioner Mark R. Meador issued separate statements explaining their views.
Chairman Ferguson stated that he did not support ending the investigation outright but concluded the Commission lacked consensus to challenge the deal, making early termination the only available outcome. He identified potential vertical foreclosure concerns, including IonQ’s possible ability and incentive to restrict competitors’ access to SkyWater’s fabrication services or obtain rivals’ competitively sensitive information. Although he believed targeted, behavioral remedies — such as nondiscrimination commitments, information firewalls, and dispute-resolution procedures — were warranted, he acknowledged the Commission was evenly divided and allowed the deal to proceed.
Commissioner Meador concurred, emphasizing that the evidence did not show a sufficient likelihood of a substantial lessening of competition. Although foreclosure concerns were theoretically possible, he concluded SkyWater was not a “must-have” input in the quantum computing supply chain, any foreclosure effects likely would be temporary, and alternative fabrication options and federal investment in domestic quantum capabilities reduced competitive risk. In his view, the transaction was likely competitively neutral or procompetitive and could support innovation and U.S. leadership in quantum computing.
Although early termination allowed the transaction to proceed, the notable development was Ferguson’s view that targeted behavioral remedies could have addressed the potential vertical concerns. The matter reflects continued agency scrutiny of vertical theories of harm and a willingness, at least by some commissioners, to consider remedies in emerging technology markets.
C. Department of Justice (DOJ) Civil Antitrust Division
DOJ and Tennessee Attorney General require divestitures to preserve competition in Western Tennessee asphalt market.
On Aug. 7, 2026, the DOJ Antitrust Division and the Tennessee Attorney General announced a proposed settlement requiring CRH plc and its subsidiary APAC-Tennessee to divest two hot-mix asphalt plants as a condition of APAC’s acquisition of Standard Construction Group. The agencies alleged APAC and Standard were two of only three leading hot-mix asphalt suppliers in western Tennessee and that the transaction likely would reduce competition, leading to higher prices, lower quality, and less favorable terms for the Tennessee Department of Transportation and other customers. The proposed settlement requires divestiture of two asphalt plants to Dunn Construction of Birmingham, Alabama. It was filed with a civil antitrust complaint in the U.S. District Court for the Western District of Tennessee and remains subject to court approval after the Tunney Act public-comment process. The matter also underscores DOJ’s continued collaboration with state antitrust enforcers on transactions presenting localized competitive concerns.
Mexico
National Antitrust Commission (CNA)
The CNA and CONCANACO SERVYTUR strengthen ties with the goal of bringing competition policy closer to companies and family businesses.
The Confederation of National Chambers of Commerce, Services and Tourism (CONCANACO SERVYTUR Mexico) met with the CNA to discuss competition policy and tools to help companies manage compliance risk. The meeting was led by Octavio de la Torre de Stéffano, president of CONCANACO SERVYTUR Mexico, and Andrea Marván Saltiel, presiding commissioner of the CNA, with José Héctor Tejada Shaar and Miriam Sauza Colín.
The CNA is responsible for implementing antitrust policy in Mexico’s markets. Recent reforms strengthened its authority over investigations, merger reviews, sanctions, and compliance programs. Key changes include reducing the maximum merger-review period from 100 to 50 days, strengthening sanctions, and allowing three-year certifications for compliance programs.
The meeting emphasized that compliance with the Federal Economic Competition Law (LFCE) helps companies prevent risks and sanctions, protect employees and executives, strengthen reputations, and access legal protections, while supporting fair competition for businesses of all sizes. The CNA’s institutional agenda identifies financial services, telecommunications and broadcasting, transportation and logistics, agri-food, health, and public procurement as strategic markets because of their impact on costs, inputs, infrastructure, financing, connectivity, and operating conditions.
CONCANACO SERVYTUR emphasized that faster resolutions and clearer competition rules may benefit the full value chain, from producers and suppliers to retailers and consumers. De la Torre highlighted the need to address practices that may distort everyday consumer markets, including meat, egg, and chicken markets. He also underscored the importance of corporate compliance, noting that certified compliance programs may serve as preventive measures and potential mitigating factors in sanctions matters.
CONCANACO SERVYTUR reiterated its willingness to coordinate with the CNA and provide companies, through its Chambers of Commerce, with information and preventive tools to support legal compliance, reduce risk, and strengthen a culture of competition nationwide. For the Confederation, economic competition should mean open markets, a level playing field, and greater certainty for companies and family businesses.
Poland
President of the Polish Office of Competition and Consumer Protection (UOKiK)
1. UOKiK fines Bunge Polska for unfair trade practices.
On Aug. 5, 2026, UOKiK announced a PLN 4.29 million (approximately $1.2 million) fine against Bunge Polska under the Act on Counteracting the Unfair Use of Contractual Advantage in Trade in Agricultural and Food Products, which governs unfair practices in the food chain. The fine was imposed for Bunge Polska’s use of unfair contractual terms with farmers.
UOKiK found that the contractual terms shifted the risk of events such as droughts, hailstorms, frosts, and storms onto the farmers, potentially exposing them to penalties even when crop deliveries were prevented by circumstances beyond their control. According to UOKiK, maintaining such clauses constituted an unfair use of contractual advantage, even though Bunge Polska had not enforced them in practice since the relevant legislation took effect in 2021.
During the proceedings, Bunge Polska removed the challenged clauses from its contract templates and cooperated with UOKiK, which contributed to a reduced fine. This is the first publicly reported settlement in an unfair trade practices case under this framework. The decision is final; the settlement procedure requires waiving appeal rights in exchange for a reduced fine.
2. UOKiK investigates parcel broker Furgonetka over post-delivery surcharges and complaint-handling procedures.
On Aug. 17, 2026, UOKiK announced proceedings against parcel broker Furgonetka to determine whether its terms and conditions include unfair contractual clauses.
The investigation focuses on post-delivery surcharges imposed when carriers later determine that parcel’s details were incorrectly declared at booking. UOKiK is examining whether such fees may be imposed without sufficient evidence and based solely on a carrier’s assessment, without giving consumers an opportunity to accept the revised price or withdraw from the service, while also investigating the practice of referring consumers to carriers when a dispute arises, despite having contracted solely with Furgonetka.
If the allegations are confirmed, Furgonetka may face a fine of up to 10% of its annual turnover. The proceedings are ongoing.
Italy
Italian Competition Authority (ICA)
1. ICA closes investigation into Dolomiti Superski Ski-Pass arrangements with commitments.
On Aug. 7, 2026, the ICA accepted commitments and closed its investigation into Federconsorzio Dolomiti SuperSki and 12 affiliated valley consortia concerning alleged anticompetitive arrangements.
The investigation focused on provisions of the Federconsorzio’s statutes that may have facilitated coordination of valley ski passes prices and restricted their sale through third-party distributors.
To resolve the case the parties committed, including through amendments to their statutes, to prevent future coordination of pricing and distribution policies and to compensate consumers who purchased valley ski passes during the 2022/2023, 2023/2024, and 2024/2025 ski seasons. The compensation package is valued at approximately €30 million (approx. $34.8 million) and includes discount vouchers and direct refunds. An additional €20 million (approx. $ 23.2 million) will fund certain promotions and discounts over the next five winter seasons.
Interested parties may appeal the decision within 60 days before the Regional Administrative Court of Lazio.
2. ICA fines Bird, Dott, and Lime for restricting access to free micromobility rides in Rome.
On Aug. 6, 2026, the ICA fined Bird, Dott, and Lime a total of €2.675 million (approx. $3.1 million) for hindering access to free ride packages reserved for annual Metrebus pass holders. Offering these packages was a condition of the companies’ authorization to provide e-bike and e-scooter sharing services in Rome during the 2023-2026 period.
The ICA found that inadequate measures and delays in processing users’ requests reduced the period during which users could benefit from the free rides. In the case of Bird, ICA also identified an unfair commercial practice consisting of the arbitrary deactivation of user accounts without prior notice of the circumstances that may justify such action and without giving users an opportunity to respond.
Interested parties may appeal the decision within 60 days before the Regional Administrative Court of Lazio.
European Union
European Commission (EC)
EC approves German state aid for fishing and aquaculture sector.
On Aug. 21, 2026, the EC approved a German state aid scheme worth €4.5 million (approx. $5.2 million) to help companies active in the primary production of fishery and aquaculture products offset increased fuel costs resulting from the Middle East crisis.
Under the scheme, aid will be provided as direct grants covering up to 70% of estimated increased fuel costs incurred between March 1 and July 23, 2026, capped at €50,000 (approx. $58,000) per company. The scheme will remain in force until Dec. 31, 2026.
The EC approved the scheme under Article 107(3)(c) of the TFEU and the Middle East Crisis Temporary State Aid Framework, adopted on April 29, 2026, to support sectors particularly affected by the economic consequences of the crisis.
The EC found the scheme necessary, appropriate, and proportionate, concluding it does not adversely affect trading conditions to an extent contrary to the common interest.
Germany
Bundeskartellamt (BKartA)
BKartA concludes proceedings on the 50+1 rule and sets out conditions for its consistent application.
On Aug. 12, 2026, the BKartA closed its antitrust review of the German Football League (DFL) 50+1 rule without taking formal action. The rule requires football clubs to keep majority voting control of the entity running its professional team. Measured against the European Court of Justice’s December 2023 sports-antitrust ruling in the Super League, ISU, and Royal Antwerp cases, the rule drew no fundamental objection, as its aim of preserving club identity and member participation might justify an exception if pursued consistently.
The BKartA offered the DFL guidance on three points for greater legal certainty:
- Uniformly open, voting-eligible membership across all clubs;
- Consistent application of the rule in DFL’s own votes; and
- A stronger phase-out of the subsidy exception, with the grandfathering provisions for Bayer Leverkusen and VfL Wolfsburg viewed as insufficient.
The BKartA is not pursuing or initiating a prohibition, leaving implementation and timing to the DFL.
Japan
Japan Fair Trade Commission (JFTC)
JFTC revises distribution guidelines and proposes updates to merger review guidelines.
In July 2026, the JFTC announced two guideline developments. Neither involved a new enforcement action, but the guidelines inform antitrust compliance and transaction planning for businesses operating in Japan.
Revision to Distribution and Business Practices Guidelines
On July 8, 2026, the JFTC finalized amendments to its Guidelines Concerning Distribution Systems and Business Practices under the Antimonopoly Act after considering public comments. The amendments focus on resale price maintenance (RPM), which is generally prohibited under the Antimonopoly Act, and add circumstances and examples in which RPM-related conduct typically would not be considered unlawful.
Proposed Revisions to Merger Review Guidelines
On July 17, 2026, the JFTC opened public consultation on proposed amendments to its Merger Review Guidelines. The JFTC cited significant economic changes, including digitalization, climate-related challenges, demographic shifts, and increased focus on international competitiveness and supply-chain resilience, along with merger-review precedents since the guidelines were last revised in 2019. The proposal would expressly recognize certain procompetitive effects, including improved supply stability, environmental performance, investment, innovation, and new-product creation. It also would clarify that longer-term market conditions may inform analysis of import pressure and efficiencies. The JFTC is expected to finalize the amended guidelines after considering public comments.
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1 Due to the terms of GT’s retention by certain of its clients, these summaries may not include developments relating to matters involving those clients.