The General Block Exemption Regulation (GBER) is one of the most important instruments of European state aid law. It enables Member States to grant a wide range of aid measures directly without requiring prior approval from the European Commission. Since its entry into force in 2014, the GBER has been revised and expanded several times. The latest major amendment in 2023 created additional scope for investments in climate protection, industrial transformation, as well as research and innovation.

In its main report, “Competition 2026,” the Monopolies Commission analyzes key challenges facing Germany as a business location. The BDI supports the goal of open and competitive markets, but takes a different approach on several points. Competition policy must take into account the conditions under which companies can invest, maintain industrial value creation, and scale new technologies in Europe.

The European Foreign Subsidies Regulation (FSR) requires companies to disclose financial contributions received from non-EU countries to the European Commission in the context of mergers and acquisitions or large public procurement procedures. Its objective is to ensure a level playing field within the EU’s internal market and, in doing so, strengthen the European economy. At the same time, however, European companies have raised concerns about the significant administrative burden associated with the notification and reporting requirements.

Effective competition is one of the key drivers of a dynamic economy. It fosters innovation, promotes open markets and investment, and ensures that market participants use their financial and operational resources efficiently.

Trade associations represent the interests of their members, contribute technical expertise to political processes, and facilitate dialogue on shared economic and regulatory challenges. In doing so, they must comply with antitrust regulations. The Federal Cartel Office, the BDI, and other association and corporate representatives have set forth their shared understanding of association activities that comply with antitrust law in a coordinated statement of conclusions.

The government’s draft of the 12th amendment to the GWB has been available since July 15, 2026. The amendment modernizes procedures and sends some signals of relief. In the area of merger control, however, it falls short of the BDI’s expectations: The increase in the thresholds for initiating proceedings is too modest, while the expansion of the transaction value threshold creates new uncertainties.

In her 2024–2029 Political Guidelines, Commission President Ursula von der Leyen announced a “new approach” to competition policy that is better aligned with common European goals and more conducive to companies expanding into global markets. Against this backdrop, the European Commission is revising its Merger Control Guidelines, which have remained unchanged for about 20 years and form the basis for assessing business mergers.

It is essential for every company to understand the fundamental principles of competition law—and to do so whenever making decisions regarding strategy, pricing policies, distribution channels, and other business matters. An internal compliance policy (governing legally compliant behavior) can help managers and employees avoid violations. However, this policy must be tailored to each individual company.