A blog about the intersection of antitrust, foreign investment control, politics, and everything in between
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
Antitrust used to be a niche. Known to practitioners and experts, of course. Cases were kept, progressed, and negotiated in that environment. Those times are long gone. We have seen an increasing trend towards companies turning to publicity and PR campaigns as a tool in both merger control and antitrust proceedings. PR work is used … Continue reading PR campaigns in antitrust
I must admit I am a huge fan of energy drinks. In case I really need to stay awake and focused, I tend to drink them already for breakfast, which some people in my immediate environment find a little peculiar. However, maybe that is why I took notice when news of a dawn raid at … Continue reading Does antitrust law set limits to wings?
Co-authored by Friederike Melters. Earlier this month, the European Court of Justice (ECJ) declared dawn raids by the European Commission invalid. The decisions confirm that a “procedural” step like a dawn raid can be appealed by itself and that it can be invalid because of previous procedural mistakes. They tie in with other court decisions, … Continue reading Procedural errors – rich case law and five key takeaways
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