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? →

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 →