Author: Charlotte Foerstmann

Booking/Etraveli: How far can the European Commission go beyond its Guidelines?

In 2023, the European Commission prohibited the acquisition of Etraveli, a flight-focused online travel agency (OTA), by Booking.com – its only merger prohibition that year (of course we blogged about it here). Last week, the EU’s General Court upheld the decision. The judgment is particularly interesting for what it says about the Commission’s ability to … Continue reading Booking/Etraveli: How far can the European Commission go beyond its Guidelines? →

Regulatory Cooperation: One Practice, Several Regulators

Last week, the German Federal Cartel Office (FCO) declared commitments offered by Apple regarding its Apple Tracking Transparency Framework (ATTF) binding, thereby concluding proceedings which were initiated in 2022. At first sight, this may look like another Big Tech case. But the case is also interesting for another reason: The same practice by Apple has … Continue reading Regulatory Cooperation: One Practice, Several Regulators →

Competition Law 2025 – the Bundeskartellamt’s annual report is here

Earlier this week, the Bundeskartellamt (FCO) published its annual report covering 2025 and early 2026. If there was a single theme running through the FCO’s 2025/26 Annual Report, it is this: Competition policy is no longer confined to traditional antitrust questions. It has become a tool for managing geopolitical shocks, digital gatekeepers, energy security, AI-driven … Continue reading Competition Law 2025 – the Bundeskartellamt’s annual report is here →

Minority Shareholding on the regulators’ radar

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 →

Under (file) cover – No access to FCO case files

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 →

Fuel wholesale: A first (and last?) practical test for the FCO’s new competition tool

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 →

Future substantial domestic operations in German Merger Control?

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? →

Quick Update on Merger Control in the EU and the hospital sector

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 →

Joint Ventures, their parent companies and Art. 101 (1) TFEU

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 →