A history of challenging big tech – Part III: The Internet Explorer and a (technical) mistake

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

It ain’t over ‘til it‘s over: Commission wins after 20 years (?)

The fact that antitrust proceedings can take a year or two is not really a surprise. But recently, the General Court of the European Union (i.e. first instance!) had to deal with a case concerning a cartel which had started in 1989 and whose members were already fined (for the first time) in 2002. That … Continue reading It ain’t over ‘til it‘s over: Commission wins after 20 years (?)

German regulator overturned: No substantial activity in Germany

The ruling was admittedly published already at the end of last year, but I feel it did not receive the attention it deserved, and I was anyway interested in taking a deeper dive: The Higher Regional Court of Duesseldorf found that the German Federal Cartel Office (FCO) did not have jurisdiction to review Meta’s acquisition … Continue reading German regulator overturned: No substantial activity in Germany

The 2022 cash balance of the European Commission

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

Legal Professional Privilege and Antitrust

We are back from the break! This post covers a topic dear to lawyers and their clients: Legal Professional Privilege. In a ruling last month, the European Court of Justice clarified – some say expanded – the scope of Legal Professional Privilege, granting greater protection to the lawyer-client relationship. While the ruling did not relate … Continue reading Legal Professional Privilege and Antitrust

Liability for cartel infringements: How do concepts differ and why is decisive influence so important?

It goes without saying that liability is one of the crucial issues in competition law enforcement. From the perspective of antitrust regulators, it makes no sense to conduct longstanding investigations and to impose fines if undertakings may easily escape liability. Fines imposed by regulators are meant to deter the undertaking concerned as well as other … Continue reading Liability for cartel infringements: How do concepts differ and why is decisive influence so important?

Far from over: Gaming mega deal keeps regulators busy

At the beginning of the year, we blogged about the video-gaming industry and outlined some of the reasons why it might face more scrutiny from antitrust regulators in the future. The obvious trigger for our post was Microsoft’s announcement to acquire Activision Blizzard in a mega $69 billion deal. Although the antitrust proceedings worldwide seem … Continue reading Far from over: Gaming mega deal keeps regulators busy