Defying the odds: When companies win against the European Commission

The European Commission is a stronghold in the world of antitrust enforcement. Facing a Commission investigation can sometimes feel overwhelming to companies, and the Commission’s decisions can have far-reaching consequences for businesses of all sizes. However, recent cases remind us that the Commission does not always have the last word. While at least some stakeholders … Continue reading Defying the odds: When companies win against the European Commission →

The latest in pharma antitrust – and lessons for other industries

The pharmaceutical industry is a traditional focus for antitrust scrutiny, with regulators around the globe cracking down on practices that they think stifle competition and keep prices high. This post delves into recent developments in several jurisdictions, highlighting the different ways companies can get into antitrust trouble and summarising key lessons for businesses in all … Continue reading The latest in pharma antitrust – and lessons for other industries →

Outbound investments into AI to be screened in line with updated matchday calendar

OK, the title was only meant to catch your attention. And to foreshadow three – albeit separate – topics of this post: AI and antitrust, a screening regime for outbound investments, and a hefty antitrust sports battle. New developments on all of these topics warrant attention. Rise of the machines: A global approach to AI … Continue reading Outbound investments into AI to be screened in line with updated matchday calendar →

Automakers Unite: German Watchdog Approves Joint Licensing Negotiations

The world of standard essential patents (SEPs) is a hotbed of legal disputes, especially in the automotive industry. The German Federal Cartel Office's recent decision regarding the "Automotive Licensing Negotiation Group" could have widespread implications. This decision marks a turning point, providing collective bargaining power to licensees. However, its global and long-term impact remains uncertain.

Third-party interventions in FIC proceedings: Unforeseen risks and hidden opportunities

These days, governmental bodies often have a say in whether foreign investments can proceed, particularly when national security or public order might be at stake. This is where Foreign Investment Control (FIC) comes in. While the influence of third parties in merger control proceedings is well-known, the potential impact of third-party involvement in FIC proceedings … Continue reading Third-party interventions in FIC proceedings: Unforeseen risks and hidden opportunities →

Regulation and enforcement – a poem

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 →

The Foreign Subsidies Regulation in practice

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.

USD 1.2 billion – What tech deal failures have cost acquirers in recent months

Several high-profile tech deals, including Amazon's acquisition of iRobot, were thwarted by merger control scrutiny, resulting in hefty break fees totaling approximately USD 1.2 billion. Break fees, also known as reverse break fees or termination fees, are imposed on acquirers who fail to close pre-agreed acquisitions. The cases underscore the significant costs and complexities of M&A transactions, emphasizing the need for careful assessment of break fees during negotiations.

Access to essential facilities – broader than one might think

The notion of what kind of facilities are essential under antitrust law has expanded lately – evidenced by a recent judgement. Time to look at the essential facilities doctrine and what it means today.

Small things matter

Recent cases indicate that no company or industry is too small for antitrust scrutiny, including more niche industries like breaded scampi and window blinds. While small market exemptions exist in countries like Germany, they don't necessarily protect against antitrust enforcement.