A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
This week, the Federal Cartel Office (FCO) closed administrative proceedings against companies belonging to Deutsche Post AG (DPAG) and the Max Ventures Group (Max Ventures) after the companies dissolved their corporate ties. The competition concerns related to a minority shareholding of DPAG in competitor. The decision is in good company, as there have recently been … Continue reading Minority Shareholding on the regulators’ radar
Co-authored by Valentin Hanke When proving damage claims, gaining access to seized documents from cartel proceedings might be useful. In a recent decision, the German Federal Administrative Court drew clear limits on the rights of third parties requesting access to FCO decisions and case files – and clarified whether the German Freedom of Information Act … Continue reading Under (file) cover – No access to FCO case files
Co-authored by Luise Teubner A few weeks ago, the German Federal Cartel Office (FCO) published its final report on the sector inquiry regarding refining and wholesale of fuels. Shortly after that, proceedings based on Section 32f (3) German Competition Act (GWB) were initiated. While sector inquiries have been conducted more frequently in the past – … Continue reading Fuel wholesale: A first (and last?) practical test for the FCO’s new competition tool
One of the major topics of merger control will continue to be so-called killer acquisitions. This term describes cases in which an incumbent company acquires an innovative and still developing target. Due to a lack of relevant turnover of the target, these mergers are often below the respective turnover thresholds and are therefore not subject … Continue reading Future substantial domestic operations in German Merger Control?
As the year comes to a close, I am writing about a topic which will play a huge role in the antitrust world again next year: Innovation. In this post, I will take a broader look at innovation in European merger control, including Draghi’s ideas for modifications. Innovation continues to be a major topic in … Continue reading Innovation in (future and past) merger control
Merger control stays topical. The newly designated EU’s Competition Commissioner sets the scene for her priorities in the upcoming legislative period. Furthermore, last week, the German Parliament decided to exempt certain transactions in the hospital sector from German merger control as part of the so-called hospital reform. These developments are addressed in the following blog … Continue reading Quick Update on Merger Control in the EU and the hospital sector
In European antitrust law practice, the question whether the cartel prohibition of Art. 101 (1) TFEU (and the corresponding national rules) applies in the context of parent companies and a joint venture arises every now and then. Now, the German Federal Cartel Office (FCO) dealt with this question in a recently published commitment decision, which … Continue reading Joint Ventures, their parent companies and Art. 101 (1) TFEU
Under the headline "Protecting competition in a changing world", the European Commission has examined the development of competition over the last 25 years. The report is meant to provide a basis for the further development of competition law and to contribute insights for enforcers and policymakers. Here are some key takeaways and an outlook. The … Continue reading Protecting competition in a changing world? Here you go:
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