Annual workshop of the Studienvereinigung Kartellrecht

The annual workshop of the Studienvereinigung Kartellrecht is a long-standing tradition, bringing together German-speaking antitrust practitioners in Bonn every December. This event not only provides an excellent opportunity to reconnect with colleagues and friends but, more importantly, serves as a platform to reflect on the year's developments and discuss emerging trends in antitrust law. While … Continue reading Annual workshop of the Studienvereinigung Kartellrecht

Rebates and antitrust: A never-ending story

Rebates are common in many industries and generally highly appreciated by customers. However, it gets tricky if strong market players leverage their position to the detriment of customers or competitors, antitrust cases involving rebates are therefore a frequent phenomenon. Only last week, the German Federal Cartel Office (FCO) announced that it has initiated proceedings against … Continue reading Rebates and antitrust: A never-ending story

Artificial intelligence and antitrust law: Only the beginning?

The rapid advancement of artificial intelligence (AI) continues to reshape industries and economies worldwide. Antitrust regulators are confronted with the challenge of balancing competitive landscapes while fostering innovation. Recent statements shed light on their evolving stance, as more cases highlight the practical intersection of AI and antitrust law. The intersection of artificial intelligence and antitrust … Continue reading Artificial intelligence and antitrust law: Only the beginning?

Small things matter

Recent cases indicate that no company or industry is too small for antitrust scrutiny, including more niche industries like breaded scampi and window blinds. While small market exemptions exist in countries like Germany, they don't necessarily protect against antitrust enforcement.

Agree to disagree: Settlement decision challenged in court

It may sound counterintuitive: Striking a deal with a regulator to conclude a cartel investigation, only to later challenge the very same decision in court. The General Court recently had to deal with this situation in relation to the Ethylene cartel and clarified some important aspects of the European settlement procedure. Here is what companies … Continue reading Agree to disagree: Settlement decision challenged in court

European Commission orders unbundling

The saga of Illumina/Grail has written its next chapter: Yesterday, the European Commission ordered Illumina to divest Grail and restore the situation prior to the acquisition. This post takes a look at the prerequisites for such an order and its implications. As a quick reminder, in September 2020, US biotechnology company Illumina agreed to acquire … Continue reading European Commission orders unbundling

Wire harnesses – this time subject of a lawful cooperation and not of a cartel

Wire harnesses have already been subject of a cartel decision. However, this time they are subject of a legitimate cooperation. Last month, the German Federal Cartel Office (FCO) declared that it has no objections to a cooperation organized by the "Arena2036 Research Campus", which aims at standardizing the production of wire harnesses. While the FCO's … Continue reading Wire harnesses – this time subject of a lawful cooperation and not of a cartel