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.

Digital Cluster Bonn: Germany´s authorities team up

Six German authorities join forces to tackle the challenges of the digitalization era. Kickoff was last week, when the authorities signed a Memorandum of Understanding to initiate the “Digital Cluster Bonn”. Who is in? The reason the new initiative came to my – and probably other antitrust nerd´s – attention is the membership of the … Continue reading Digital Cluster Bonn: Germany´s authorities team up →

Access to file: Don’t wait until the end

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 →

How antitrust saves Christmas

Last year, I reported about some real cases on the interface between Christmas and antitrust (you can find the blog here). Of course, I am neither the Mariah Carey Wham! of Christmas carols nor the Charles Dickens of Christmas stories, but nevertheless, this year I wanted to try my hand at a fictional Christmas screenplay … Continue reading How antitrust saves Christmas →

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.

Annual workshop of the Studienvereinigung Kartellrecht

The annual workshop of the Studienvereinigung Kartellrecht is a long-standing tradition, bringing together German-speaking antitrust practitioners in Bonn every December. This event not only provides an excellent opportunity to reconnect with colleagues and friends but, more importantly, serves as a platform to reflect on the year's developments and discuss emerging trends in antitrust law. While … Continue reading Annual workshop of the Studienvereinigung Kartellrecht →

Competition in labour markets

OpenAI’s (former) CEO Sam Altman’s leaving and re-joining the company within just a few days has demonstrated that (at least most) companies stand and fall with the people working for them. The importance of human resources is not only expressed in such prominent personnel drama but also reflected in a type of behaviour that has … Continue reading Competition in labour markets →

Rebates and antitrust: A never-ending story

Rebates are common in many industries and generally highly appreciated by customers. However, it gets tricky if strong market players leverage their position to the detriment of customers or competitors, antitrust cases involving rebates are therefore a frequent phenomenon. Only last week, the German Federal Cartel Office (FCO) announced that it has initiated proceedings against … Continue reading Rebates and antitrust: A never-ending story →

Artificial intelligence and antitrust law: Only the beginning?

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? →

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.