ABOUT THIS EPISODE
EC fines in cartel cases jumped to approximately EUR 860 million in 2025, up from just EUR 50 million the year before, with four cases closed compared to only one in 2024. Yet the number of cases remains well below the levels of five or ten years ago, and not a single cartel case has been closed so far in 2026.
At the same time, the European Commission is pursuing a growing pipeline of investigations across industries from flavours and fragrances to tyres, construction chemicals and farmed Atlantic salmon – driven increasingly by ex officio tools rather than traditional leniency applications, which have declined markedly over the past decade.
The Commission is also sharpening its approach to algorithmic pricing and expanding the boundaries of Article 101, signalling that cartel conduct need no longer involve explicit communications between competitors.
Against this backdrop, DG Competition has appointed a new Director for Cartels, Thomas Deisenhofer, who brings nearly 25 years of experience within DG COMP but, notably, a background in merger control rather than cartel enforcement.
In this episode of the Essential Antitrust podcast, host Jenn Mellott is joined by fellow partners Tobias Klose and Dominic Divivier to take stock of where EU cartel enforcement stands today and what to expect under the new leadership.
They discuss the latest enforcement statistics and what they signal about the trajectory of EC cartel cases, the rise of ex officio investigations powered by AI and digital intelligence, the growing focus on algorithmic pricing, and why companies should not let their dawn raid preparedness slip.
They also explore emerging theories of harm under Article 101 – including how far the boundaries of what constitutes a cartel may be pushed – and what Deisenhofer's track record and reputation may tell us about the direction of travel.
