A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
For once, antitrust was not at the centre of world events this week…but enforcement continued steadily. Three actions by three different regulators this week demonstrate once again that antitrust investigations are very broad-based, whether in traditional cartel agreements, cases where boundaries blur in M&A contexts, or in the increased scrutiny of actions by potentially dominant … Continue reading Back to the roots in enforcement?
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
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 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
OK, the title was only meant to catch your attention. And to foreshadow three – albeit separate – topics of this post: AI and antitrust, a screening regime for outbound investments, and a hefty antitrust sports battle. New developments on all of these topics warrant attention. Rise of the machines: A global approach to AI … Continue reading Outbound investments into AI to be screened in line with updated matchday calendar
Under the headline "Protecting competition in a changing world", the European Commission has examined the development of competition over the last 25 years. The report is meant to provide a basis for the further development of competition law and to contribute insights for enforcers and policymakers. Here are some key takeaways and an outlook. The … Continue reading Protecting competition in a changing world? Here you go:
The world of standard essential patents (SEPs) is a hotbed of legal disputes, especially in the automotive industry. The German Federal Cartel Office's recent decision regarding the "Automotive Licensing Negotiation Group" could have widespread implications. This decision marks a turning point, providing collective bargaining power to licensees. However, its global and long-term impact remains uncertain.
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
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
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.
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