The question of whether two companies are potential competitors is key for the antitrust assessment of agreements and cooperations between those companies. While the assessment of potential competition is often not straightforward, the question has significant practical implications – not least with a view to the transformation in many industries and the corresponding number of … Continue reading The complexity of assessing potential competition →

Today we are deviating from our usual pattern. Instead of dealing with a current case or political developments, I want to tell a short fictional story (roughly comparable to the ones I read to my children in the evening). The story has it all: a long-standing business relationship, great expectations and surprising twists. Once upon … Continue reading A regulatory nightmare? →

As our readers now, we have a series about the history of challenging big tech in which we have so far dealt with Microsoft’s interoperability and Media Player case and the Intel case. This post continues the series with another Microsoft case whose origins date back to a time when many other tech companies were … Continue reading A history of challenging big tech – Part III: The Internet Explorer and a (technical) mistake →

Europe's population is not only getting older, people are also staying active in sports for longer and longer. To make this possible, but also to deal with injuries resulting from sporting activities and other physical handicaps (which also affect people even younger than me), there are numerous medical aids – which some might perceive as … Continue reading Are crutches getting cheaper? →

In the past, the European Commission has often made significant contributions to the EU budget through its fines. This post examines whether that was also the case last year and takes a brief look at the decisions that had a significant impact on the European Commission's cash position.      Fines imposed in 2022   In … Continue reading The 2022 cash balance of the European Commission →

It is this time of the year again: When you wander around Christmas markets, you can smell mulled wine and Christmas cookies everywhere, people are doing their (final) gift shopping, the company is coming together for the last party of the year (in some cases for the first time after the Covid break), and Last … Continue reading Christmas and antitrust →

When people talk about Switzerland these days, they usually talk about FIFA, whose headquarters are in Zurich. Although there are many topics one could write about when it comes to FIFA, even in relation to antitrust law, this post does not deal with football, but with an area where Swiss and German cooperation is about … Continue reading The end of Swiss neutrality? →

Only recently, we have blogged about cooperations in times of crisis (here). The string of bad news does not seem to end. So, one might ask the question whether it is (finally) time to relax antitrust rules and release companies from the firm grip of antitrust authorities (in which some companies claim to find themselves … Continue reading Competition in times of economic turmoil?! →

One question discussed (not only) by antitrust practitioners from time to time is whether and to which extent Art. 101 TFEU applies in the relationship between a joint venture and its parent companies. The European Commission addresses the issue in the Draft Horizontal Guidelines (on which we have already blogged here and here). This post … Continue reading Joint ventures – an antitrust-free zone in the future? →

In Germany, the next amendment of the competition law regime is on its way. This week, the Ministry of Economic Affairs and Climate Action (BMWK) presented a draft bill to tighten competition. In this post, we present the envisaged changes and put them in perspective. An agenda becomes reality Back in March, we summarised the … Continue reading The next change in German competition law is just around the corner →