Overview
I. Introduction
The European Commission recently issued two informal guidance letters and one opinion regarding joint initiatives among competitors. Taken together, these three cases show that EU competition law can permit joint action where the goals fit EU policy priorities: sustainability and support for the agricultural sector. The former are the first guidance letters issued under the Commission’s revised 2022 Notice on Informal Guidance, a tool specifically designed to address gray areas in novel or fast-moving markets. The opinion, issued on a different legal basis, complements the trend and shows how competition rules can be used to achieve sector-specific policy objectives, in this case, agriculture.
What links these three cases together is not just the substance of the underlying agreements, but also the Commission’s approach in support of the parties' respective business goals that align with EU policy goals. The cases show the Commission's willingness to engage early and relatively quickly with stakeholders in areas of legal uncertainty and offer clarity upon specific requests by companies. This can be seen as an initial sign of a more adaptive enforcement strategy, in which the Commission sees itself not only as a watchdog, but also as a partner for businesses, helping to navigate complex regulatory landscapes. Informal engagement with the Commission may be advisable in some, though not in all, cases.
II. Informal Guidance Notice
a. SEP for Connected Cars and Collective Licensing
On July 9, 2025, the Commission issued informal guidance ('comfort letter') to a group of automotive manufacturers planning to form a Licensing Negotiation Group (LNG) for Standard Essential Patents (SEPs) needed for connected vehicle technologies.
The LNG proposed a collective negotiation mechanism to streamline licensing while ensuring access to essential connectivity standards. Notably, the German Federal Cartel Office (FCO) previously reviewed and approved the LNG for Germany, in June 2024. In line with the FCO, the Commission concluded that, under strict conditions, this setup would not amount to a buyers' cartel or a restriction of competition under Article 101 of the Treaty on the Functioning of the European Union (TFEU). These included limiting LNG’s collective market share for non-automotive standards to 15%, ensuring open membership for automotive companies, allowing SEP holders to participate voluntarily, and restricting information exchanges to essential details while avoiding sensitive data sharing.
The Commission underlined that licensing negotiation groups represent a relatively new model of cooperation, for which no specific competition law framework currently exists. The objective of this initiative is to enhance the efficiency of licensing processes for SEPs related to digital technologies. It is expected to support broader EU objectives, including the decarbonization of mobility, the transition to net-zero emissions, and improved competitiveness of the automotive industry. This guidance not only clarifies a gray area in competition law but also provides a template for similar initiatives in other high-tech sectors. Considering the guidance, LNGs may be included in the revised Technology Transfer Block Exemption Regulation, and accompanying guidelines which are currently under review.
b. Green Shipping
On July 9, 2025, the Commission also provided a comfort letter regarding an agreement between port terminal operators in EU ports, collaborating on the joint purchasing and standard-setting for battery-electric container-handling equipment. The agreement was aimed at accelerating the shift from diesel to electric equipment in EU ports, thereby contributing to the reduction of CO2 emissions.
The Commission recognized that the initiative, part of the "Green Corridors" project, did not raise concerns, provided certain safeguards are included, such as: (i) each participating port terminal operators retains the ability to purchase the products independently; (ii) the volume of demand that is pooled is capped; and (iii) the exchange of competitively sensitive information between participating operators remains limited to what is strictly necessary for the functioning of the agreement. The Commission emphasized that the environmental goals were both credible and quantifiable, and that the cooperation was open to all operators on fair terms. This comfort letter sends a strong signal that sustainability remains a priority in the EU's competition policy, closely linked to the broader goal of boosting EU competitiveness.
III. Winemaker Cooperation under the Agricultural Regulation
The third case, while not based on the 2022 Informal Guidance Notice, nonetheless fits thematically with the first two. It concerns a request from a group of wine producers under Article 210a of Regulation (EU) No 1308/2013 establishing a common organization of markets in agricultural products (CMO Regulation), which allows for certain types of coordination in the agricultural sector that would typically fall foul of competition rules1.
These producers proposed establishing indicative prices, referred to as orientation prices, for bulk wine transactions with buyers. The aim of the initiative is to support sustainable wine production during a time of crisis for the French wine sector (oversupply, shifting consumer habits, and heightened price sensitivity have undermined the profitability of organic and HVE producers). This type of agreement might ordinarily trigger scrutiny under Article 101 TFEU. However, Article 210a of the CMO Regulation creates a sector-specific exemption, recognizing that in agriculture, stability and sustainability often require collective management.
On July 15, 2025, the Commission provided a positive opinion, finding that the agreement complies with Article 210a of the CMO Regulation requirements: it involves agricultural producers, concerns trade in agricultural products, aims to promote sustainability objectives that go beyond legal obligations, and any competitive restrictions are necessary and proportionate to achieving those goals. This case underlines the Commission’s flexibility in reconciling competition enforcement with legitimate sectoral needs.
IV. Outlook for Businesses
The guidance letters issued under the Commission's 2022 Notice mark a significant shift in the competition enforcement culture, which is (and remains) essentially based on the self-assessment principle. The opinion regarding the French wine sector serves as a reminder that EU competition law is flexible enough to adapt to the specific business context. It can accommodate sector-specific arrangements wherever justified, especially when broader EU policy objectives are at stake.
Notably, it appears that informal guidance can be granted relatively quickly. In both informal guidance cases, the Commission states that the requests for guidance were submitted in December 2024, so that the overall process took only about seven months. In the third case, the Commission received the request to express an opinion on the sustainability agreement in the wine sector only in March 2025.
For businesses operating in gray zones, especially where sustainability or technological innovation are concerned, this is a welcome development. With these three cases, the Commission has opened the door to early engagement and dialogue. However, such informal guidance is not legally binding, except the Commission will not investigate as long as circumstances do not change. As it is clearly stated in the guidance provided, its informal guidance does "not create any rights or obligations for the applicants or any third party" but rather is intended to help companies carry out "their own self-assessment of the applicability of the EU competition rules."
Please turn to the authors, Robert Klotz and Maira Aivalioti, or to other members of Steptoe's antitrust team if you wish to discuss any of these developments and their potential impact on your business.
1 This exclusion from the prohibition of Article 101 TFEU for agricultural products was introduced in 2021 by the European Parliament and the Council, in the context of the Common Agricultural Policy reform for 2023-2027.
