A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
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
Everyone is talking about it (and so have we): Regulators in EU Member States are increasingly going after antitrust infringements in human resources (HR), namely so-called HR-cartels. These cartels involve illegal agreements between companies, e.g., not to hire each other's employees (no-poach agreements) or to coordinate wage levels. It will only be a matter of … Continue reading HR-Cartels and Private Cartel Damage Claims
Last week, the Court of Justice of the European Union (ECJ) ruled in a football case that has the potential to bring massive changes in the international football market. Some even compare the case with the famous Bosman judgement of the ECJ from 1995. Similar to Bosman, the case concerns international transfer rules of professional … Continue reading Is antitrust changing the world of football?
The European Commission is a stronghold in the world of antitrust enforcement. Facing a Commission investigation can sometimes feel overwhelming to companies, and the Commission’s decisions can have far-reaching consequences for businesses of all sizes. However, recent cases remind us that the Commission does not always have the last word. While at least some stakeholders … Continue reading Defying the odds: When companies win against the European Commission
The Data Act came into force in early 2024 and will become largely applicable by September 2025. With one year until its full implementation, it is worth revisiting the Data Act and its possible impact on antitrust law – and the other way around. Data has increasingly become an economic good and it is widely … Continue reading The Data Act and antitrust law
Last week, the European Commission released its findings from the evaluation of so-called Regulation 1/2003 and Regulation 773/2004, which have been in effect since May 2004. In a comprehensive 270-page report, the Commission offers an in-depth overview of the application of the regulations, which basically regulate cartel and abuse of dominance proceedings in the EU, … Continue reading 20 years in numbers
In European antitrust law practice, the question whether the cartel prohibition of Art. 101 (1) TFEU (and the corresponding national rules) applies in the context of parent companies and a joint venture arises every now and then. Now, the German Federal Cartel Office (FCO) dealt with this question in a recently published commitment decision, which … Continue reading Joint Ventures, their parent companies and Art. 101 (1) TFEU
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