A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
September means the start of autumn, days getting shorter while skies often remain blue and the air crisp. Since two years, September also means time for the annual conference of the German “Forum Investitionsprüfung” – an association/platform of foreign investment control practitioners. Here is a summary of my the main takeaways. This post will spare … Continue reading Update on Foreign Investment Control – Conference Report
Like many other industries, the media sector is undergoing significant disruption, with linear TV increasingly losing relevance amid the rise of streaming platforms and alternatives such as social media. Regulators worldwide take these changes into account when assessing cooperations and transactions – particularly with regard to market definitions. Many cases have led to in-depth reviews … Continue reading Media mergers – more complex than ever?
Telling your client that their merger control filing was cleared is one of the most pleasant jobs in the life of an antitrust lawyer. Everyone involved puts in a lot of effort to provide the regulators with the necessary information to take an informed decision and usually, these decisions are final. However, in some cases, … Continue reading Contesting the Commission: How merger decisions are tested in court
Earlier this week, the Commission fined French companies Eurofield SAS and its former parent Unanime Sport SAS (together Eurofield) a total of approx. EUR 172,000 for providing incomplete information during an antitrust investigation into the synthetic turf sector. This decision marks the first time the Commission has imposed a fine solely for the provision of … Continue reading European Commission fines for incomplete information: A landmark enforcement
The last takeover is still up in the air – blocked by the German Federal Cartel Office (FCO) and now before the Higher Regional Court in Düsseldorf (OLG) – and yet a new one is already on the table: Premium Food Group (PFG), formerly Tönnies, has recently notified its plan to take control of The … Continue reading Vion/Tönnies: A map-based veto, a court rematch, and a ministerial permission wildcard
Last week, the Higher Regional Court of Düsseldorf overturned a decision by the German Federal Cartel Office (FCO) due to a formal violation of the law. While the full decision has not yet been published, a prior preliminary injunction provides insight into what is likely the court’s main reasoning. Among other points, the court criticized … Continue reading About the German FCO and its case files
Earlier this summer, in RWE/E.ON, the EU’s Court of Justice (CJEU) clarified the boundaries between merger control and antitrust enforcement, essentially holding that concerns relating to the EU’s cartel prohibition (Art. 101 TFEU) cannot be assessed as part of a merger control proceeding. But then last week, the European Commission approved Naspers’ acquisition of Just … Continue reading Minority shareholdings, merger control and cartel proceedings: Reconciling RWE/E.ON with Naspers/Just Eat
The motto ´higher, further, faster´ applies especially in the world of advertising. Whether it is on the streets, in magazines or newspapers, on TV or the internet, everyone faces advertising in daily life. It is also an essential marketing tool for many businesses, which invest millions in their advertising campaigns. Correspondingly, the demand for advertising … Continue reading Spend money to make money: Advertising projects under antitrust review
In a sweeping legal move, over 10,000 hotels across Europe have joined forces to demand damages from Booking.com for what they claim were years of anti-competitive practices. The heart of the dispute lies in the use of so-called “best price clauses” – contractual provisions that restricted hotels from offering lower prices than those listed on … Continue reading Hotel industry vs. Booking.com: A landmark legal battle over price parity clauses
It is often said that things slow down in Brussels in the summer months. Still, the European Commission issued two decisions in July that could bring back a topic in the spotlight which was a bit overshadowed by other (geopolitical) issues in recent months – the interaction between sustainability and antitrust law in Europe. A … Continue reading Sustainability meets antitrust again: EC greenlights collective action in wine and ports
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