Game-changing regulations are shaking up the world of football agents. With FIFA's recently approved Football Agent Regulations set to take full effect on 1 October 2023, players, clubs, and agents are bracing themselves for a new era of oversight and transparency. FIFA’s interests and those of the agents seem to be at odds. With first … Continue reading FIFA’s Football Agent Regulations – Next round of antitrust disputes
Pull & Refile
Last week, the European Commission received a merger notification concerning the takeover of the Germany-based market research company GfK by NielsenIQ. Apart from the fact that these two companies are well known in the antitrust community for the market data they provide, one might wonder why the case makes it into our blog (which is … Continue reading Pull & Refile
PR campaigns in antitrust
Antitrust used to be a niche. Known to practitioners and experts, of course. Cases were kept, progressed, and negotiated in that environment. Those times are long gone. We have seen an increasing trend towards companies turning to publicity and PR campaigns as a tool in both merger control and antitrust proceedings. PR work is used … Continue reading PR campaigns in antitrust
Gun jumping: More freedom for targets in financial distress?
As some reports indicate, M&A activities in the coming years could involve more targets in financial distress than in the past years. The most prominent example of that unfortunate ‘trend’ might be UBS’ acquisition of Credit Suisse. In that case, the European Commission granted a derogation from the standstill obligation allowing the parties to move … Continue reading Gun jumping: More freedom for targets in financial distress?
How to explain the basic idea of antitrust
Last week I gave a presentation on antitrust trainings in an expert session (yes, I like the topic, see also my previous blog). One participant pointed out that one should catch people with antitrust examples from their everyday life to explain the general idea behind antitrust laws and why antitrust matters (and is of course … Continue reading How to explain the basic idea of antitrust
Simplifying EU merger control filings
Today, the European Commission adopted a package to simplify its merger control process for transactions that do not raise concerns. Many practitioners will agree that in the past, opting to submit a simplified filing did not necessarily simplify or expedite a case. Let’s take a look at how the Commission intends to change that. Merger … Continue reading Simplifying EU merger control filings
The Kölsch saga – Klüngel? Or even more?
The German beer cartel with all its tweaks and twists has been broadly covered both by legal magazines and “normal” newspapers. Unsurprisingly, beer manufacturers agreeing on price increases for one of Germany’s vital products definitely makes for good headlines in the news. Still, I would be remiss if I did not use the chance to … Continue reading The Kölsch saga – Klüngel? Or even more?
Does antitrust law set limits to wings?
I must admit I am a huge fan of energy drinks. In case I really need to stay awake and focused, I tend to drink them already for breakfast, which some people in my immediate environment find a little peculiar. However, maybe that is why I took notice when news of a dawn raid at … Continue reading Does antitrust law set limits to wings?
Exclusionary abuses – more guidance to come
There has been no shortage of decisions by European courts dealing with exclusionary abuses cases in recent years. To make these cases and the Commission's own experience more tangible, the Commission has announced the introduction of guidelines in this area. They will be the first of their kind dealing with Art. 102 TFEU (abuse of … Continue reading Exclusionary abuses – more guidance to come
Procedural errors – rich case law and five key takeaways
Co-authored by Friederike Melters. Earlier this month, the European Court of Justice (ECJ) declared dawn raids by the European Commission invalid. The decisions confirm that a “procedural” step like a dawn raid can be appealed by itself and that it can be invalid because of previous procedural mistakes. They tie in with other court decisions, … Continue reading Procedural errors – rich case law and five key takeaways