Foreign investment control in insolvency proceedings – some things to keep in mind

Co-authored by Marcel Döhren In times of economic turmoil and disruption, Germany, and other countries across the globe, face an increasing number of insolvencies. With a company’s existence at stake, timely investments are often vital to saving a company in financial trouble. Foreign investment control adds to the complexity of insolvency proceedings. Below, we provide … Continue reading Foreign investment control in insolvency proceedings – some things to keep in mind →

It´s heating up: EC´s focus on labour markets

The fact that labour markets are currently in the focus of many antitrust regulators is a widespread secret in the antitrust community. Although the European Commission has not yet adopted a decision concerning self-standing labour market agreements, there are indications that the first decision is just around the corner. The latest indication: A Competition Policy … Continue reading It´s heating up: EC´s focus on labour markets →

Third-party interventions in FIC proceedings: Unforeseen risks and hidden opportunities

These days, governmental bodies often have a say in whether foreign investments can proceed, particularly when national security or public order might be at stake. This is where Foreign Investment Control (FIC) comes in. While the influence of third parties in merger control proceedings is well-known, the potential impact of third-party involvement in FIC proceedings … Continue reading Third-party interventions in FIC proceedings: Unforeseen risks and hidden opportunities →

Foreign Subsidies Regulation – Off to new adventures

Not too long ago, the EU’s Foreign Subsidies Regulation celebrated its first “100 days” since coming into force (see our previous post). With the European Commission’s first unannounced inspection under the regulation, this week marks another “milestone”. Just the right time to recapitulate the past – equally exiting – weeks of enforcement and to dare … Continue reading Foreign Subsidies Regulation – Off to new adventures →

ECJ ruling: Hybrid-settlement, single continuous infringement and more

The Trucks-cartel with its record-setting fines, one of the very rare hybrid-settlement decisions and damages litigation across Europe, has been keeping hordes of lawyers busy for quite some while. With its recent decision, the European Court of Justice finally also confirmed the fine imposed on Scania, the only company which was not part of the … Continue reading ECJ ruling: Hybrid-settlement, single continuous infringement and more →

The ABA Antitrust Spring Meeting

We have already reported on meetings within the antitrust community (see here). Perhaps the most renowned and significantly largest gathering is the ABA Antitrust Spring Meeting in Washington, D.C., which is currently underway. A bit off topic, we have summarized the six golden rules to survive enjoy the Spring Meeting (in particular for non-US lawyers). … Continue reading The ABA Antitrust Spring Meeting →

Road to Paris: Federal Cartel Office strikes again

Competing at the Olympic Games is the hight of every professional athlete´s career. Using this event for self-marketing purposes would be the natural consequence. The International Olympic Committee sees this differently and is limiting the use of social media and other advertising options for participating athletes. The German Federal Cartel Office (FCO) has stepped in … Continue reading Road to Paris: Federal Cartel Office strikes again →

Regulation and enforcement – a poem

At all of the major antitrust conferences and events I attended lately, the mood seemed to be (not unexpectedly) so pro-regulation and pro-enforcement that even some heads of regulators speaking in favour of a balanced approach appeared as dinosaurs. A sign of times in which antitrust has become super political. This inspired me to be … Continue reading Regulation and enforcement – a poem →

Light at the end of the tunnel for Illumina?

We have blogged about the Illumina/Grail case and Art. 22 EUMR referrals a few times (here, here and here). Today, the case was in the spotlight again. Advocate General Emiliou delivered his non-binding opinion, finding that the European Commission did not have jurisdiction to block Illumina’s acquisition of Grail. In the following, we will take … Continue reading Light at the end of the tunnel for Illumina? →

Forum Shopping

Private cartel damage claims involve careful considerations, especially regarding which court and country to bring the claim to. In Germany, claims may be brought to the defendant’s residence or the place of the harmful event. Recent Dutch court rulings demonstrate a broad interpretation of anchor defendants, raising questions about future trends in European law. Choosing the best court for a claim involves balancing factors such as disclosure claims, damages estimation, and procedural structures, as courts and jurisdictions have developed different approaches in handling private cartel damage claims. Claimants are advised to stay informed of these developments, while potential defendants should prepare accordingly.