A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
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
A recent LinkedIn post by one of my fellow blog editors and the number of likes corresponding comment thread inspired me to take a look at products that are prominent in the antitrust world in particular because of judgements by the European Court of Justice (ECJ). Turns out: Many of them concern drinks. So here … Continue reading The ECJ pub crawl
At the end of April, the European Commission announced a landmark decision, finding tech giants Apple and Meta in breach of the Digital Markets Act (DMA). This decision marks a significant step in the EU's ongoing efforts to regulate digital markets and ensure fair competition as it’s the Commission’s first non-compliance decision ever adopted under … Continue reading DMA – Private Enforcement
Once the new government has settled in, Germany will be spending a lot of money in the years to come. A significant portion of the pre-agreed investments will go to the defence sector. Such state-directed investments will naturally have a significant impact on the competitive landscape in Germany and beyond. The German Monopolies Commission has … Continue reading Money for the defence sector and what it means for competition
Liability and the resulting fines are in the public focus when it comes to antitrust infringements. Usually, the discussions focus on fines imposed on the companies rather than on the individuals involved. However, personal liability is not merely theoretical; it is a tangible reality in many jurisdictions. For instance, in China, the antitrust authority has, … Continue reading Personal Liability: A look at Germany, the EU and beyond
On 24 January 2024, the European Commission published its proposal for a new regulation on the screening of Foreign Direct Investments (FDI). More than a year later, the International Trade Committee of the European Parliament has recently adopted these revised rules (see press release). As the full Parliament prepares to cast its vote on the … Continue reading New EU Foreign Direct Investment Screening Regulation one step closer to implementation
We have all been there: Searching for a specific product or brand on an online search engine, only to see competitive products or brands pop up in the search results. As a dedicated antitrust practitioner with a clear goal in mind (which is why you are reading this blog), this might not affect you. However, … Continue reading Whoever seeks will (not) find
Co-authored by Luise Teubner A few weeks ago, the German Federal Cartel Office (FCO) published its final report on the sector inquiry regarding refining and wholesale of fuels. Shortly after that, proceedings based on Section 32f (3) German Competition Act (GWB) were initiated. While sector inquiries have been conducted more frequently in the past – … Continue reading Fuel wholesale: A first (and last?) practical test for the FCO’s new competition tool
So-called pay-for-delay cases are on their way to becoming a classic in the intersection of pharma and antitrust. As anything in this space, they are also somewhat political given the interest of public national health systems in lower prices. An opinion delivered this week by Advocate General Rantos to the European Court of Justice confirms … Continue reading An update on Pay-for-Delay
In a remarkable legal move, the Professional Tennis Players Association (PTPA), an association co-founded by Novak Djokovic, has filed a class action in the US against the tennis sport's most important governing bodies, including the Association of Tennis Professionals (ATP), Women's Tennis Association (WTA), International Tennis Federation (ITF), and International Tennis Integrity Agency (ITIA). The … Continue reading Class action against tennis governing bodies: Allegations of cartel formation and dominance abuse
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