Fuel wholesale: A first (and last?) practical test for the FCO’s new competition tool

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 →

Class action against tennis governing bodies: Allegations of cartel formation and dominance abuse

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 →

The unwelcome knock on the door: When companies complain about dawn raids

When antitrust authorities are unexpectedly knocking on a company´s door, it is usually because of a dawn raid. Ideally, the employees paid attention in their last antitrust training, have the internal dawn raid guidance at hand, and know how to deal with the dawn raid. Most companies are aware that the first hours are of … Continue reading The unwelcome knock on the door: When companies complain about dawn raids →

Transaction value threshold – less transactions in scope than one would expect?

In his annual speech at the Studienvereinigung Kartellrecht in Bonn at the end of last year, the president of the German Federal Cartel Office (FCO), Andreas Mundt, emphasized that merger control might be the most interesting and relevant part of the regulator’s ongoing work. A recent decision by the Higher General Court of Düsseldorf supports … Continue reading Transaction value threshold – less transactions in scope than one would expect? →

When editorial cooperation meets antitrust: A glimpse into the decision of Germany’s Federal Court of Justice

I have been following Funke Mediengruppe’s attempt to gain full control over the “Ostthüringer Zeitung” (OTZ) for a while – after all, it’s not every day that Germany’s Federal Court of Justice (BGH) rules on a newsroom-meets-antitrust case. With its decision of December 18, 2024 (KVZ 5/23), the BGH has now put an end to … Continue reading When editorial cooperation meets antitrust: A glimpse into the decision of Germany’s Federal Court of Justice →

German Foreign Investment Control: Recent Statistics and Future Outlook

Recently, we have summarized the positions of various political parties in Germany regarding the upcoming election, which will be held this Sunday (see here). Although neither antitrust nor FDI are likely to be decisive factors for voters, I have examined the parties' stances on FDI. To provide some context, this post first summarises the latest … Continue reading German Foreign Investment Control: Recent Statistics and Future Outlook →

Watch out! 47-fold gun jumping fine increase – The Austrian Supreme Court’s landmark decision against the REWE group

By Christine Dietz and Max Danzinger, Binder Grösswang Gun jumping enforcement in Austria has reached an unprecedented level. In an astonishing landmark ruling, the Austrian Supreme Court raised the fine of EUR 1.5 million (set by the Austrian Cartel Court) for infringement of the prohibition to implement a notifiable transaction prior clearance in appeal proceedings … Continue reading Watch out! 47-fold gun jumping fine increase – The Austrian Supreme Court’s landmark decision against the REWE group →

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? →