A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
Not too long ago, the EU’s Foreign Subsidies Regulation celebrated its first “100 days” since coming into force (see our previous post). With the European Commission’s first unannounced inspection under the regulation, this week marks another “milestone”. Just the right time to recapitulate the past – equally exiting – weeks of enforcement and to dare … Continue reading Foreign Subsidies Regulation – Off to new adventures
The Trucks-cartel with its record-setting fines, one of the very rare hybrid-settlement decisions and damages litigation across Europe, has been keeping hordes of lawyers busy for quite some while. With its recent decision, the European Court of Justice finally also confirmed the fine imposed on Scania, the only company which was not part of the … Continue reading ECJ ruling: Hybrid-settlement, single continuous infringement and more
We have already reported on meetings within the antitrust community (see here). Perhaps the most renowned and significantly largest gathering is the ABA Antitrust Spring Meeting in Washington, D.C., which is currently underway. A bit off topic, we have summarized the six golden rules to survive enjoy the Spring Meeting (in particular for non-US lawyers). … Continue reading The ABA Antitrust Spring Meeting
Competing at the Olympic Games is the hight of every professional athlete´s career. Using this event for self-marketing purposes would be the natural consequence. The International Olympic Committee sees this differently and is limiting the use of social media and other advertising options for participating athletes. The German Federal Cartel Office (FCO) has stepped in … Continue reading Road to Paris: Federal Cartel Office strikes again
At all of the major antitrust conferences and events I attended lately, the mood seemed to be (not unexpectedly) so pro-regulation and pro-enforcement that even some heads of regulators speaking in favour of a balanced approach appeared as dinosaurs. A sign of times in which antitrust has become super political. This inspired me to be … Continue reading Regulation and enforcement – a poem
We have blogged about the Illumina/Grail case and Art. 22 EUMR referrals a few times (here, here and here). Today, the case was in the spotlight again. Advocate General Emiliou delivered his non-binding opinion, finding that the European Commission did not have jurisdiction to block Illumina’s acquisition of Grail. In the following, we will take … Continue reading Light at the end of the tunnel for Illumina?
Private cartel damage claims involve careful considerations, especially regarding which court and country to bring the claim to. In Germany, claims may be brought to the defendant’s residence or the place of the harmful event. Recent Dutch court rulings demonstrate a broad interpretation of anchor defendants, raising questions about future trends in European law. Choosing the best court for a claim involves balancing factors such as disclosure claims, damages estimation, and procedural structures, as courts and jurisdictions have developed different approaches in handling private cartel damage claims. Claimants are advised to stay informed of these developments, while potential defendants should prepare accordingly.
Last month, the German Federal Cartel Office (FCO) moved its proceeding concerning the German football league’s “50+1” rule to a different Decision Division. As a result, allegations of bias against the previous case handlers became redundant. A good opportunity to blog about bias in antitrust cases. An unbiased, neutral, and objective judge is one of … Continue reading An (un-)even playing field: Bias in antitrust cases
When asked about current trends and industries in the focus of antitrust regulators worldwide, no expert’s shortlist is complete these days without a reference to the pharma industry. The Commission and other EU regulators apparently share that view and recently published a report on what has happened in this sector in the previous years. The … Continue reading All eyes on pharma – also in the years to come?
The European Commission's "FSR brief" highlights the initial 100 days of the Foreign Subsidies Regulation's implementation. Key points include engagement with 53 parties, the application of merger control, and practical guidance for notifications. The brief also offers specific advice for investment funds and mentions the first in-depth investigation involving a Chinese rail company and a Bulgarian government contract.
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