Schjødt Nordic Competition Outlook

In October 2025, Meta updated its WhatsApp Business Solution Terms, preventing third-party general-purpose AI assistants from accessing and interacting with users on WhatsApp. As a result, the only AI assistant available on WhatsApp is Meta's own tool, Meta AI.

Formal antitrust proceedings were opened by the European Commission in December 2025. On 9 February 2026, the Commission issued a statement of objections setting out its preliminary view that Meta's conduct constitutes an abuse of a dominant position by excluding third-party AI assistants from accessing and interacting with users on WhatsApp. In the Commission's preliminary assessment, Meta's policy raises significant concerns about barriers to market entry for competing AI providers and risks foreclosing them from the rapidly growing market for AI assistants. To prevent harm to competition that could prove difficult to reverse pending the conclusion of the proceedings, the Commission intends to adopt interim measures.

Takeaway: The Commission's willingness to pursue both a statement of objections and interim measures signals an increasingly assertive enforcement posture in digital markets, particularly where AI distribution and platform access are concerned. Companies operating digital platforms that integrate AI services should monitor this case closely, as it may set important precedents for how competition law applies to AI-related access and interoperability obligations.

Read more here.

The United Kingdom and the European Commission have signed the first dedicated competition cooperation agreement between the two jurisdictions since the UK's departure from the European Union. The Agreement, which supplements the EU-UK Trade and Cooperation Agreement, sets a new and clear framework for cooperation on competition matters between, on one side, the European Commission and EU Member State competition authorities, and, on the other side, the UK's Competition and Markets Authority (CMA).

Under its terms, each party commits to keeping the other informed when significant antitrust and merger investigations are initiated that may affect the other party's interests. The Agreement also creates a framework for coordinating enforcement steps in parallel proceedings concerning the same conduct or transaction and includes safeguards to ensure that information exchanged between the authorities remains confidential.

The Agreement will enter into force once both parties have completed their respective ratification processes.

Takeaway: For businesses and transactions subject to review in both the EU and the UK, the Agreement increases the likelihood of coordinated enforcement. Companies facing parallel investigations on both sides of the Channel should account for the possibility of enhanced information exchange and synchronised procedural timelines when planning their engagement strategies with the respective authorities.

Read more here.

The Swedish Government has submitted a legislative proposal for significant amendments to Swedish competition law. The proposals build on recommendations from a Government inquiry into improved competition in public and private markets and are expected to be adopted by Parliament during the spring.

The central elements of the proposal are:

• New Competition Tool – The Swedish Competition Authority (SCA) will have new powers to investigate and implement pro-competitive measures on markets with structural competition concerns, targeting market inefficiencies where traditional antitrust enforcement cannot be applied.
  
• New Act on Public Sector Sales Activities – The existing rules on competition-distorting public sales activities in the Competition Act will be repealed and replaced by a new dedicated Act. Unlike the current framework, which requires a case-by-case court assessment, the New Act will establish a general prohibition against public entities conducting commercial activities that unduly affect private operators' market opportunities, without the need for a prior court declaration that the activities are unlawful. The SCA will have the power to impose an administrative market disturbance fee on public entities that violate the Act. Public entities will also be required to keep separate accounts for commercial activities and conduct a formal evaluation every four years.
  
• Strengthened merger control rules – including:
  • Removal of the current requirement that the merger must affect a "significant part" of Sweden, enabling the SCA to intervene against competition problems in small local markets.
  • New powers for the SCA to require companies to inform the SCA about below-threshold mergers.
  • Moderately longer deadlines for the SCA's assessment to align with the EU Merger Regulation deadlines.
  • Extended deadlines for judicial review, from three to four months in the Patent and Market Court and from six to eight months in the Patent and Market Court of Appeal.

  • Power to impose fines where parties provide incorrect, incomplete or misleading information in response to an information request from the SCA during a merger review.

The Government proposes that the new Act and amendments enter into force on 1 August 2026.

Takeaway: If adopted, which appears likely, the Swedish competition law framework will be significantly strengthened across several dimensions. Public entities operating in markets alongside private actors should assess their current activities against the proposed framework for public sector sales activities well ahead of the August 2026 commencement date. Private companies with concerns about public sector competition should equally take note of the SCA's forthcoming expanded enforcement toolkit. The SCA's ability to identify and intervene against harmful mergers will also be materially improved, with the removal of the "significant part" threshold and new powers to capture below-threshold transactions and impose fines for incorrect information representing particularly notable shifts.

Read more here.

On 5 February 2026, the Norwegian Competition Authority (NCA) announced that it has sent a statement of objections to Karo Healthcare concerning its contemplated acquisition of Aco Hud Nordic. According to the Authority's preliminary assessment, the transaction would restrict competition in the market for therapeutic skincare products, where the parties are close competitors and other suppliers are more distant alternatives. The Authority also considers that there are significant barriers to entry in this market. The remedies proposed by Karo Healthcare are deemed insufficient to address the competition concerns.

Takeaway: The NCA's decision to issue a statement of objections – and its rejection of the remedies proposed by Karo Healthcare – signals a demanding stance in merger review within branded consumer goods markets. Parties contemplating acquisitions involving close competitors in concentrated markets with entry barriers should engage early with the NCA and anticipate that structural remedies may be required.

Read more here.

A Danish court has confirmed that Sydbank violated the Danish Competition Council's 2021 order by failing to grant a payment institution's agent access to its payment account services on objective, non-discriminatory and proportionate terms.

The case originated in June 2021, when the Competition Council ordered Sydbank to grant an agent for a payment institution access to Sydbank's payment account services on objective, non-discriminatory and proportionate terms. However, as the agent was not granted access, the Competition Council found that Sydbank had not complied with the 2021 order. Sydbank never appealed the 2021 injunction but brought the Competition Council's 2023 decision before the Competition Appeals Tribunal. The Tribunal sided with the Competition Council and ruled that the basis for the 2021 injunction could not be reviewed because no appeal had been lodged in a timely manner.

Sydbank then brought the case before the Court in Sønderborg, which also sided with the Competition Council. The court's ruling clarifies that Section 63 of the Danish Payment Services Act applies not only to payment institutions themselves, but also to their agents, who are thus entitled to access to payment account services on objective, non-discriminatory and proportionate terms.

Takeaway: Banks providing payment account services should review their access policies to ensure that these apply equally to payment institution agents and be mindful that denying such access may attract scrutiny under both competition law and payment services regulation.

Read more here.

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