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Guidance in Uncharted Territory: Three Commission Cases Signal New Era in EU Competition Enforcement

By  |  August 20, 2025
Guidance in Uncharted Territory: Three Commission Cases Signal New Era in EU Competition Enforcement

In this blog post, authors Robert Klotz & Maira Aivalioti (Steptoe) talk about how the European Commission is increasingly open to supporting joint initiatives among competitors when such efforts align with EU policy priorities like sustainability and agriculture. Through two recent informal guidance letters and one opinion, the Commission demonstrated a willingness to clarify gray areas in competition law while encouraging collaborations that promote broader EU objectives. This reflects a shift toward a more adaptive enforcement strategy, where the Commission positions itself not only as an enforcer but also as a partner for businesses navigating complex regulatory environments.

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    One of the guidance letters addressed the creation of a Licensing Negotiation Group (LNG) by automotive manufacturers seeking to streamline licensing for Standard Essential Patents (SEPs) used in connected car technologies. While acknowledging potential risks, the Commission approved the initiative under strict safeguards, including limits on market share, open membership, and restrictions on sensitive information exchanges. The guidance highlights how collective licensing structures could improve efficiency in SEP negotiations while supporting broader goals like decarbonization, digital transition, and competitiveness in the automotive sector. This also sets a precedent for similar cooperative models in other high-tech industries.

    The second comfort letter focused on a “Green Corridors” initiative among EU port terminal operators, aimed at jointly procuring and standardizing battery-electric container-handling equipment. The Commission found the cooperation acceptable provided safeguards were in place, such as capping pooled demand and ensuring that participation remained open and voluntary. Importantly, the Commission stressed that the environmental goals were credible and measurable, reinforcing that sustainability is not just compatible with competition policy but is becoming a central priority in EU enforcement…

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