Legal Professional Privilege and Antitrust

We are back from the break! This post covers a topic dear to lawyers and their clients: Legal Professional Privilege. In a ruling last month, the European Court of Justice clarified – some say expanded – the scope of Legal Professional Privilege, granting greater protection to the lawyer-client relationship. While the ruling did not relate … Continue reading Legal Professional Privilege and Antitrust

Refineries and fuel wholesale: More reason for new regulatory powers?

The German Bundeskartellamt has published an interim report on its ongoing investigation into fuel refinery and wholesale. While the regulator has so far found no indications of illegal agreements on prices, it will continue to investigate whether market participants might have breached antitrust law. At the same time, the findings could fuel (no pun intended) … Continue reading Refineries and fuel wholesale: More reason for new regulatory powers?

Comeback of leniency: More than a first step?

The decreasing number of leniency applications seems to be one of the main concerns of antitrust regulators (and private litigation firms) these days. Many argue that leniency applicants are an easy target for civil damage claims and need to be better protected in order to increase the number of leniency applications. Whilst this debate is … Continue reading Comeback of leniency: More than a first step?

Regulators got it wrong: Courts reduce fines across Europe

The question of whether to appeal a cartel fine in court is often not an easy one for the companies involved – not least because some courts in Europe even have the power to increase fines. To give companies new “hope” for the future, this post brings together a number of recent court decisions across … Continue reading Regulators got it wrong: Courts reduce fines across Europe

What do football, golf, ice skating and padel have in common? Antitrust disputes!

You might have heard about Tiger Woods being offered up to USD 800 million to join the LIV golf tour, about Real Madrid, Juventus Turin and others intending to form the “Super League”, about ice skaters being prevented to join a certain tournament, or about two federations in the sport of padel clashing with each … Continue reading What do football, golf, ice skating and padel have in common? Antitrust disputes!

Three points from the Monopolies Commission 2022 Biennial Report

Earlier this month, the German Monopolies Commission published its new Biennial Report: “Competition 2022”. The report is a 325 pages “beast” with six chapters. There is lots of interesting stuff for the antitrust connoisseur in there, but too much ground to cover in a post with a length of our liking. So, this post will … Continue reading Three points from the Monopolies Commission 2022 Biennial Report

Antitrust is not at the disposal of the customer – a ground-breaking case

When conducting antitrust compliance trainings or otherwise advising businesses on antitrust compliance, now and then one hears “but the customers want it that way” as a justification for conduct that could raise antitrust issues. A typical response might begin with “That is appreciated, but unfortunately antitrust law is not at the disposal of the customer…” … Continue reading Antitrust is not at the disposal of the customer – a ground-breaking case

EU Foreign Subsidies Regulation: State of Play

The process for introducing new EU rules on companies that receive foreign subsidies has really sped up. EU lawmakers are now in so-called “trilogue” discussions meant to finalise the “Foreign Subsidies Regulation” still this year. The regulation will affect companies in M&A transactions and in public procurement bids, and will basically introduce yet another review … Continue reading EU Foreign Subsidies Regulation: State of Play

Tech, sports and…Greece – A week full of news

Big tech, sports, labour markets and authorities' rediscovered delight in unannounced inspections – the week has been full of news regarding antitrust’s most trending topics. As we blogged about most of them before (or wrote about them somewhere else), we could not decide which of them drew most of our attention. So, we opted to … Continue reading Tech, sports and…Greece – A week full of news

Take it or leave it: Referrals in the EU

There has been quite some talk lately about how the European Commission and national regulators will deal with their respective competences once the Digital Market Act has been set into force. In merger control, referrals in both directions are well established with some very crucial legal and political questions currently in the spotlight. An opportunity … Continue reading Take it or leave it: Referrals in the EU