A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
After years of relative calm, Europe’s banking sector is entering a new wave of consolidation. M&A activity is picking up pace, with up to 40 mergers expected across the continent in just the next six months, according to Ronan O’Kelly, Head of M&A Europe at Oliver Wyman. In short: deal fever is back (at least … Continue reading European banking sector: a new era of consolidation
Every now and then a company has the courage (and the resources) to challenge a dawn raid by the European Commission in court (see a collection of past cases here). Latest example is Michelin, who challenged a dawn raid conducted by the Commission (supported by the French Competition Authority) in January 2024. The judgement of … Continue reading About dawn raids and market communication
This week, the Federal Cartel Office (FCO) closed administrative proceedings against companies belonging to Deutsche Post AG (DPAG) and the Max Ventures Group (Max Ventures) after the companies dissolved their corporate ties. The competition concerns related to a minority shareholding of DPAG in competitor. The decision is in good company, as there have recently been … Continue reading Minority Shareholding on the regulators’ radar
Yesterday, the EU’s General Court added clarity to an aspect of EU merger control that can be very contentious: How much time do national regulators have to refer a transaction to the European Commission for review? The case – Brasserie Nationale and Munhowen v. Commission (T-289/24) – concerned the indirect acquisition of Boissons Heintz by … Continue reading The clock is not ticking: The General Court clarifies the trigger for merger referrals
In recent years, artificial intelligence (AI) has transformed from a futuristic concept into a powerful tool embedded in the daily operations of businesses across industries. From dynamic pricing algorithms in e-commerce to predictive analytics in logistics, AI is reshaping how companies compete. But as AI becomes more sophisticated, it also raises complex questions for competition … Continue reading AI and Antitrust: New Challenges for Competition Regulators
When the German Federal Court of Justice (BGH) confirmed the German Federal Cartel Office´s (FCO) designation of Apple as a company with paramount significance for competition across markets under the German tech-“gatekeeper” rules (Section 19(a)), this attracted considerable attention both nationally and internationally. Less discussed, however, is a procedural aspect of this case, on which … Continue reading Access denied: The limits of transparency in antitrust
Admittedly, we blogged about a similar topic only two weeks ago. And while we try not to repeat ourselves too often keep things varied here, two recent decisions – by the French regulator and the European Commission – relating to no-poach agreements are simply too important and far-reaching not to examine them more closely. This … Continue reading Standalone no-poach: French decision tops EU landmark
The German Federal Cartel Office’s (FCO) latest fine against audio equipment manufacturers Sennheiser and Sonova looks modest on paper, yet it hits a nerve that keeps twitching across Europe’s competition landscape. The case is a good example of why resale price maintenance (RPM) continues to be a hot topic for regulators – especially now, in … Continue reading A costly lesson in resale price maintenance: Sennheiser fined EUR 6 million
As some of you may have seen on social media, I had the opportunity to attend the European Competition Lawyers Association (ECLA) conference in Mallorca last week. One of the case studies discussed during the event sparked the idea for this post: It focused on non-poach agreements within the context of cooperations, such as subcontracting … Continue reading Are non-poach agreements in cooperations in line with competition law? A few observations.
Co-authored by Valentin Hanke When proving damage claims, gaining access to seized documents from cartel proceedings might be useful. In a recent decision, the German Federal Administrative Court drew clear limits on the rights of third parties requesting access to FCO decisions and case files – and clarified whether the German Freedom of Information Act … Continue reading Under (file) cover – No access to FCO case files
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