A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
The foreign subsidies regulation (FSR) is only just over a year old and yet it has already provided ample fuel for legal and political debate. Recent political initiatives and a court ruling suggest that this trend will persist. As we already mentioned in one of our earlier posts this year, the European Commission conducted its … Continue reading First win for Commission in FSR court decision
When conducting dawn raid trainings, you will already be pleased if participants leave the session remembering one key point: Do not destroy any documents or delete data after the dawn raid has started. Whilst the days of secretaries running to the shredder to destroy incriminating evidence might be over (not only for antitrust reasons), the … Continue reading On new paths: Record fine for deleting messages on a mobile phone
Almost exactly five years ago, following the prohibition of Siemens/Alstom by the European Commission, the French and German economy ministers published a joint paper in which they complained that European merger control rules would prevent the emergence of European champions. However, in their opinion such champions were necessary to compete against American and Chinese companies … Continue reading The Return of the European Champion?
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
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?
Access to file is undisputedly one of the essential rights of defense in any cartel investigation. Yet, the when and the extent to which access is granted is often controversially disputed between regulators and alleged cartelists. A recent judgment by a German court strengthens the rights of companies and criticises the established practice by the … Continue reading Access to file: Don’t wait until the end
The rapid advancement of artificial intelligence (AI) continues to reshape industries and economies worldwide. Antitrust regulators are confronted with the challenge of balancing competitive landscapes while fostering innovation. Recent statements shed light on their evolving stance, as more cases highlight the practical intersection of AI and antitrust law. The intersection of artificial intelligence and antitrust … Continue reading Artificial intelligence and antitrust law: Only the beginning?
It may sound counterintuitive: Striking a deal with a regulator to conclude a cartel investigation, only to later challenge the very same decision in court. The General Court recently had to deal with this situation in relation to the Ethylene cartel and clarified some important aspects of the European settlement procedure. Here is what companies … Continue reading Agree to disagree: Settlement decision challenged in court
Practitioners often criticize the lack of transparency in FDI proceedings in Germany (and elsewhere). The fact that decisions are not made public further adds to that lack of transparency. So, the inaugural meeting of the German “Forum Investitionsprüfung”, which was also attended by many representatives from German ministries, presented a valuable opportunity to gain insights … Continue reading New German FDI association – Learnings from the first annual meeting
At the moment, the European Commission has to deal with a number of phase 2 cases. While the outcome still seems to be open, there are already a few interesting observations which will be important to keep in mind going forward. Here is an overview. Contrary to popular belief, the European Commission remained active … Continue reading State of play: The EC‘s ongoing phase 2 mergers
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