A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
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
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
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
The foreign subsidies regulation (FSR) is only just over a year old and yet it has already provided ample fuel for legal and political debate. Recent political initiatives and a court ruling suggest that this trend will persist. As we already mentioned in one of our earlier posts this year, the European Commission conducted its … Continue reading First win for Commission in FSR court decision
As with everything else, the German Federal Cartel Office´s newsfeed tends to be quieter than usual during the summer months. This makes two new decisions published by the authority in quick succession even more eye-catching. One of them concerns hospitals, the other one the crash test dummy industry. While the cases concern different industries, I … Continue reading Two failed mergers – a trend or a coincidence?
It's been almost exactly two years since we last blogged about information exchange (see here). We have been desperately waiting for an opportunity to revisit this topic dear to our heart, and the ECJ has now provided us with one. In its decision of 29 July 2024 (C‑298/22), the ECJ addresses the exchange of information … Continue reading Another update on information exchange?!
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