Future substantial domestic operations in German Merger Control?

One of the major topics of merger control will continue to be so-called killer acquisitions. This term describes cases in which an incumbent company acquires an innovative and still developing target. Due to a lack of relevant turnover of the target, these mergers are often below the respective turnover thresholds and are therefore not subject … Continue reading Future substantial domestic operations in German Merger Control?

Is “the wind of change” in German antitrust law about to come?

With the new team of Commissioners in charge at EU level and Teresa Ribera starting her new role as EU Competition Commissioner, the antitrust world is excited to see how things will evolve in the years to come. But changes are not only to be expected in Brussels, but potentially also at national level in … Continue reading Is “the wind of change” in German antitrust law about to come?

Are regulatory interventions really working? A spotlight on monitoring and digital payments

Regulation and antitrust enforcement aim to keep markets competitive, ensuring fair prices and innovation. Both in regulation and enforcement, time and again the question comes up whether and how the effectiveness of remedies is actually monitored. A recent report by the European Court of Auditors (ECA) highlights this: The ECA found shortcomings in how the … Continue reading Are regulatory interventions really working? A spotlight on monitoring and digital payments

German Federal Election 2025: Party Positions on Antitrust Law

The 2025 German Federal Election on 23 February 2025 is approaching, and German political parties have presented their election programs as they are positioning themselves towards voters. Whilst the government still in office had intended to introduce an amendment to German antitrust law during its term (which would have been the second in the legislative … Continue reading German Federal Election 2025: Party Positions on Antitrust Law

False starts into the new year: Update on gun jumping

Traditionally, the time between the years is not known for many interesting decisions and developments in antitrust law. However, it is noteworthy that in the first days of the new year, three decisions were published in which three major competition regulators imposed fines for violations of the merger control standstill obligation. These decisions serve as … Continue reading False starts into the new year: Update on gun jumping

Acqui-Hires, Art. 22 and Germany’s transaction value threshold

Microsoft’s recent takeover of employees of Inflection AI, a leading artificial intelligence startup, has sparked significant debate in competition law circles. The case reflects the perceived challenges regulators face in addressing the competitive impacts of “transactions” in rapidly developing industries such as AI. From the European Commission’s invocation of Article 22of the EU Merger Regulation … Continue reading Acqui-Hires, Art. 22 and Germany’s transaction value threshold

Critical self-evaluation: The EC and Technology Transfer Agreements

Research and development drive economy and competition. This is so far non-controversial, but what happens after someone´s creative spark has been developed further into a patent or know-how and other companies want to use it too? This is when technology transfer agreements (TTAs) come into play. Last week, the European Commission published its findings of … Continue reading Critical self-evaluation: The EC and Technology Transfer Agreements