Quick Update on Merger Control in the EU and the hospital sector

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 →

No power without charging  

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   →

HR-Cartels and Private Cartel Damage Claims

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 →

Is antitrust changing the world of football?

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? →

Defying the odds: When companies win against the European Commission

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 →

20 years in numbers

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 →

Joint Ventures, their parent companies and Art. 101 (1) TFEU

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 →

The latest in pharma antitrust – and lessons for other industries

The pharmaceutical industry is a traditional focus for antitrust scrutiny, with regulators around the globe cracking down on practices that they think stifle competition and keep prices high. This post delves into recent developments in several jurisdictions, highlighting the different ways companies can get into antitrust trouble and summarising key lessons for businesses in all … Continue reading The latest in pharma antitrust – and lessons for other industries →

Standalone damage claims on the upswing

Private cartel damage litigation is often, especially in Germany and other EU Member States, automatically associated with so-called follow-on damage claims. First the fine by an antitrust regulator, followed by private damage claims. This week, the Higher Regional Court of Stuttgart reminded us that claimants can also successfully seek private cartel damage claims on a … Continue reading Standalone damage claims on the upswing →