A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
Access to file is undisputedly one of the essential rights of defense in any cartel investigation. Yet, the when and the extent to which access is granted is often controversially disputed between regulators and alleged cartelists. A recent judgment by a German court strengthens the rights of companies and criticises the established practice by the … Continue reading Access to file: Don’t wait until the end
The notion of what kind of facilities are essential under antitrust law has expanded lately – evidenced by a recent judgement. Time to look at the essential facilities doctrine and what it means today.
Recent cases indicate that no company or industry is too small for antitrust scrutiny, including more niche industries like breaded scampi and window blinds. While small market exemptions exist in countries like Germany, they don't necessarily protect against antitrust enforcement.
It may sound counterintuitive: Striking a deal with a regulator to conclude a cartel investigation, only to later challenge the very same decision in court. The General Court recently had to deal with this situation in relation to the Ethylene cartel and clarified some important aspects of the European settlement procedure. Here is what companies … Continue reading Agree to disagree: Settlement decision challenged in court
The saga of Illumina/Grail has written its next chapter: Yesterday, the European Commission ordered Illumina to divest Grail and restore the situation prior to the acquisition. This post takes a look at the prerequisites for such an order and its implications. As a quick reminder, in September 2020, US biotechnology company Illumina agreed to acquire … Continue reading European Commission orders unbundling
Anyone who still doubted that politics play an increasing role in antitrust should by now be convinced of the opposite: The recent appointment of the new Chief Economist at the European Commission is another instance where antitrust made it to the mainstream press across Europe. This post provides a short summary of what happened and … Continue reading Politics in antitrust – Look no further
Summertime is blockbuster time, and some blockbusters are just too good to be missed. Looking at current trends, sequels still seem to be a safe pair of hands. While I cannot comment on the new Indiana Jones or Mission Impossible yet, my (and potentially the rest of the antitrust world’s) jaw(s) dropped when reading about … Continue reading EC showing teeth: Record-breaking fine for Illumina AND Grail
Co-authored by Carolin Goldbeck Those of you who follow this blog closely will remember that we touched upon the Pharmaceutical Merger Task Force, consisting of American and European regulators, in a short paragraph a while ago (here). Back then, we did not see any dramatic changes in the approach of competition authorities to assess mergers … Continue reading Pharma and mergers – future alignment of multinational competition issues?
Even though it is raining while I am writing this, summertime is here, and with it high season for festivals and concerts. Agencies help with organizing and booking artists for these sorts of events. As in any other area, antitrust regulators are tasked with keeping the market open, at least to the extent they have … Continue reading Circumventing a merger prohibition
Game-changing regulations are shaking up the world of football agents. With FIFA's recently approved Football Agent Regulations set to take full effect on 1 October 2023, players, clubs, and agents are bracing themselves for a new era of oversight and transparency. FIFA’s interests and those of the agents seem to be at odds. With first … Continue reading FIFA’s Football Agent Regulations – Next round of antitrust disputes
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