Schjødt Nordic Competition Outlook

SELECTED HIGHLIGHTS

The Commission opened an investigation in June 2021 into whether Google had violated EU competition rules by favouring, through a broad range of practices, its own online display advertising technology services in the ad tech supply chain, to the detriment of competing providers, advertisers and online publishers. On 15 January 2026, the Commission published a non-confidential version of its decision, finding that Google abused its dominant position in advertising technology.

According to the Commission, Google controls all layers of the ad tech supply chain, including the publisher ad server, the ad exchange and the advertising buying tools,

The Commission found that Google exploited its dominant position by systematically favouring its own ad exchange over competing exchanges through manipulation of auction processes. Specifically, Google configured its publisher ad server and buying tools to direct transactions through its own ad exchange rather than through competing ad exchanges. In the Commission's view, this allowed Google to charge supra-competitive fees whilst restricting the ability of competing ad exchanges to participate in the market.

Takeaway: The decision demonstrates enforcement against vertical integration where a dominant company controls multiple layers of the value chain and leverages that position to favour its own services. For digital businesses operating across multiple market layers, the takeaway is straightforward: leveraging vertical integration to self-preference may lead to competition law scrutiny.

https://ec.europa.eu/commission/presscorner/detail/it/ip_25_1992.

Competition authorities are proactively introducing regulatory tools to actively promote competition in digital markets, where traditional competition law enforcement often proves insufficient. In January 2025, the UK Competition and Markets Authority (CMA) gained new powers to designate firms with substantial market power in digital markets with 'strategic market status' (SMS) and impose tailored requirements on such companies. Google became the first company designated with SMS status in relation to search services, where it holds over 90 per cent of the market.

On 28 January 2026, the CMA announced that it is consulting on proposed measures directed at Google to strengthen competition in search services. The measures include:

• Publisher control – Giving publishers more control over content use in AI features.
• Fair ranking – Requiring fair and transparent ranking of search results, with an effective complaints process.
• Choice screens – Introducing choice screens on Android and Chrome to facilitate switching.
• Data portability – Enabling easier export and use of search data.

Takeaway: The case demonstrates how competition authorities are proactively adopting regulatory tools to address structural problems in digital markets, signaling increased scrutiny of dominant platforms and potential requirements to ensure fair treatment of competitors and business users.

https://www.gov.uk/government/news/cma-proposes-package-of-measures-to-improve-google-search-services-in-uk.

Under Norwegian competition law, companies must normally notify mergers only if certain turnover thresholds are met. However, the Norwegian Competition Authority (Konkurransetilsynet) can require companies in certain sectors to disclose transactions that fall below these thresholds where market conditions justify closer monitoring. This typically applies to companies with strong market positions or those operating in highly concentrated markets.

Konkurransetilsynet announced on 22 January 2026 that it has extended disclosure requirements for another two years for certain companies across various markets. The companies affected were subject to similar obligations during the previous two-year period, which ended on 31 December 2025.

The renewed disclosure requirements apply to companies within the following sectors:

• Ready-mix concrete.
• Residential security systems.
• Electric car charging.
• Sports equipment.
• Accounting systems.
• Certain online marketplaces.

Takeaway: The extended disclosure requirements reflect a broader trend amongst competition authorities of adapting supervisory tools to be able to capture transactions that are harmful despite falling below traditional thresholds. This is particularly aimed at so-called 'killer acquisitions', where larger companies acquire smaller competitors as a part of a foreclosure strategy.

https://konkurransetilsynet.no/disclosure-requirements-continued-in-several-markets-3/?lang=en.

Sweden's FDI screening regime, in force since December 2023, requires mandatory notification to the Inspectorate for Strategic Products (ISP) of investments in companies providing 'essential activities'. The Swedish Civil Contingencies Agency (MSB) defines which activities qualify as essential activities through its regulations (MSBFS 2024:9). MSB has now released a proposal to significantly expand the scope of the regime. The proposal would expand FDI screening requirements across, inter alia, energy, digital infrastructure, supply chains, heavy industry, critical services and advanced technology sectors:

• Energy – Electricity production and energy storage facilities with capacity exceeding 1 MW would be covered without turnover or employee thresholds, alongside electric vehicle charging infrastructure at public stations.
• Digital infrastructure – Extended to include hardware and software for electronic communications, data storage or processing for public authorities and entities covered by NIS2 regulations, as well as biometric data processing, satellite ground stations, and security operations centre activities.
• Supply chains – Import and wholesale trade in rescue equipment, personal protective equipment and shelter components.
• Heavy industry – Manufacturing of construction materials including cement, concrete and bitumen, as well as production of copper, iron, steel and steel pipes.
• Critical services – Payment, payroll and invoicing systems serving public authorities or security-sensitive operations, plus emergency rescue training activities.
• Biotechnology – Advanced activities including gene editing techniques, genomics, gene drives, synthetic biology and vaccine development.

The revised regulations would also lower the turnover threshold for newer companies from SEK 5 million to SEK 2 million for businesses having been in operation for less than three years.

Takeaway: If adopted, the proposal would bring approximately 200 manufacturing companies and over 2,300 electricity producers within the scope of mandatory FDI screening. The expanded regime would significantly increase regulatory complexity for both foreign and domestic investors investing in the affected sectors, as well as for Swedish companies undertaking internal restructuring or ownership changes.

https://www.mcf.se/sv/regler/remisser-om-foreskrifter-och-allmanna-rad/remiss-forslag-till-nya-foreskrifter-om-vilka-samhallsviktiga-verksamheter-som-omfattas-av-lagen-om-granskning-av-utlandska-direktinvesteringar/.

The Danish Competition and Consumer Authority (DCCA) opened an investigation in 2020 following a complaint regarding Apple's repair practices. Apple required that iPhone repairs, such as screen, battery and camera replacements should be performed using new original Apple parts and software to achieve full functionality. Repairs carried out with non-original parts resulted in certain functions not working and triggered warning messages. The DCCA found that this could restrict competition on Denmark's iPhone repair market by strengthening Apple's own repair network whilst limiting independent repairers' ability to compete effectively.

Following commitments from Apple, the DCCA has now closed the case. Without admitting any competition law breach, Apple offered the following commitments to resolve the authority's concerns:

• Not creating artificial barriers to repairs, regardless of which parts or repairers are used.
• Ensuring all repairers can restore full iPhone functionality using original, non-original, new or used parts.
• Displaying only factual and neutral repair messages on iPhones, without discrediting non-Apple repairers.

Takeaway: The case is noteworthy as an example of a Scandinavian competition authority intervening against a major global technology company such as Apple. It also demonstrates the practical value of commitments as a tool for competition authorities to effectively address preliminary competition concerns and achieve concrete outcomes through negotiation rather than lengthy enforcement proceedings.

https://en.kfst.dk/nyheder/kfst/english/decisions/2025/20251217-the-competition-council-intervenes-against-apple.

QUESTIONS? For questions or further discussion, please do not hesitate to contact Schjødt's EU & Competition team.