A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
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
You wonder why my last Christmas story did not make it a movie (yet)? I do too. Last year, readers of our blog got to know Lotte, the smart and successful competition lawyer, who moved to the charming small town of Uppervalley to take over her grandfather's little law firm. As you might recall, Lotte … Continue reading How antitrust saves Christmas (again)
As the year comes to a close, I am writing about a topic which will play a huge role in the antitrust world again next year: Innovation. In this post, I will take a broader look at innovation in European merger control, including Draghi’s ideas for modifications. Innovation continues to be a major topic in … Continue reading Innovation in (future and past) merger control
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
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
The (extended) pre-Christmas season is always a busy time, leaving little room for writing a new blog (and I've also been working on the sequel to my Christmas story for weeks). However, I did not want to miss the chance to briefly summarize the key points of the Teva decision by the Commission – after … Continue reading Pay (a fine) for delay
Co-authored by Prof. Dr. Jochen Lüdicke and Tobias Pukropski Tax questions rarely cross the desk of an antitrust practitioner, but when they do, things can get complex quickly – with significant implications for the companies involved. Best to involve a tax expert in these situations, like we have done for this post: We will report … Continue reading Tax deductibility of cartel damages: To VAT or not to VAT
For once, antitrust was not at the centre of world events this week…but enforcement continued steadily. Three actions by three different regulators this week demonstrate once again that antitrust investigations are very broad-based, whether in traditional cartel agreements, cases where boundaries blur in M&A contexts, or in the increased scrutiny of actions by potentially dominant … Continue reading Back to the roots in enforcement?
Merger control stays topical. The newly designated EU’s Competition Commissioner sets the scene for her priorities in the upcoming legislative period. Furthermore, last week, the German Parliament decided to exempt certain transactions in the hospital sector from German merger control as part of the so-called hospital reform. These developments are addressed in the following blog … Continue reading Quick Update on Merger Control in the EU and the hospital sector
At the beginning of this month, the German Federal Cartel Office (FCO) released its 160-page report on its sector inquiry into the provision and marketing of public electric vehicle charging infrastructure. Before you stop reading right away because you are still fully committed to combustion engine cars for the next decade anyway - don't. The … Continue reading No power without charging
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