A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
A recent LinkedIn post by one of my fellow blog editors and the number of likes corresponding comment thread inspired me to take a look at products that are prominent in the antitrust world in particular because of judgements by the European Court of Justice (ECJ). Turns out: Many of them concern drinks. So here … Continue reading The ECJ pub crawl
So-called pay-for-delay cases are on their way to becoming a classic in the intersection of pharma and antitrust. As anything in this space, they are also somewhat political given the interest of public national health systems in lower prices. An opinion delivered this week by Advocate General Rantos to the European Court of Justice confirms … Continue reading An update on Pay-for-Delay
In his annual speech at the Studienvereinigung Kartellrecht in Bonn at the end of last year, the president of the German Federal Cartel Office (FCO), Andreas Mundt, emphasized that merger control might be the most interesting and relevant part of the regulator’s ongoing work. A recent decision by the Higher General Court of Düsseldorf supports … Continue reading Transaction value threshold – less transactions in scope than one would expect?
One of the major topics of merger control will continue to be so-called killer acquisitions. This term describes cases in which an incumbent company acquires an innovative and still developing target. Due to a lack of relevant turnover of the target, these mergers are often below the respective turnover thresholds and are therefore not subject … Continue reading Future substantial domestic operations in German Merger Control?
Regulation and antitrust enforcement aim to keep markets competitive, ensuring fair prices and innovation. Both in regulation and enforcement, time and again the question comes up whether and how the effectiveness of remedies is actually monitored. A recent report by the European Court of Auditors (ECA) highlights this: The ECA found shortcomings in how the … Continue reading Are regulatory interventions really working? A spotlight on monitoring and digital payments
Traditionally, the time between the years is not known for many interesting decisions and developments in antitrust law. However, it is noteworthy that in the first days of the new year, three decisions were published in which three major competition regulators imposed fines for violations of the merger control standstill obligation. These decisions serve as … Continue reading False starts into the new year: Update on gun jumping
Co-authored by Prof. Dr. Jochen Lüdicke and Tobias Pukropski Tax questions rarely cross the desk of an antitrust practitioner, but when they do, things can get complex quickly – with significant implications for the companies involved. Best to involve a tax expert in these situations, like we have done for this post: We will report … Continue reading Tax deductibility of cartel damages: To VAT or not to VAT
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
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