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
EU General Court rules on Illumina/Grail: The EU Commission may call in transactions
It is an absolute landmark case: Today, the EU’s General Court has ruled on Illumina v Commission. The case concerns the question whether the EU Commission may conduct merger control reviews of transactions that neither reach the merger thresholds of the Commission nor of Member States. The General Court has confirmed that the Commission indeed … Continue reading EU General Court rules on Illumina/Grail: The EU Commission may call in transactions
The next big thing in merger control: Labour markets?
Labour markets have been a “trending” antitrust topic for a while (see, e.g., here). And for our readers in the US, and even more so in South Africa, linking labour markets to merger control might not be so new, after all. But if one listens closely in Europe, the effects of M&A deals on labour … Continue reading The next big thing in merger control: Labour markets?
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
Novel or unresolved – The Commission’s draft informal guidance notice
A bit overshadowed by other big legislative processes (we know what we are talking about), the Commission has also been actively updating its notices currently not so much in the focus of the public eye. Having made some progress on the simplified procedure in merger control cases already, the Commission recently presented an updated draft … Continue reading Novel or unresolved – The Commission’s draft informal guidance notice
An overview of parity obligations
For years, parity obligations, also called “most favoured nation clauses” or “MFNs”, were hotly debated. There was a policy element to how different regulators treated MFNs, and not least because the European Commission decided to leave enforcement to national regulators, rules across the EU differed (in particular regarding online platforms). The new Vertical Block Exemption … Continue reading An overview of parity obligations
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
Cross-border cooperation of regulators – a trend for many topics
While cooperations between competing undertakings stay under heavy scrutiny, there seems to be a trend of regulators cooperating cross-border. Those cooperations often concern (a growing number of) topics that are perceived to be wider than national, and that regulators might think can only be properly tackled together. Here is a rundown of fora which have … Continue reading Cross-border cooperation of regulators – a trend for many topics
Merger control in times of crisis
Amongst us running this blog, there are different views on whether one should write about something with a direct link to Ukraine. Because we have lately received a number of questions on how to deal with (potential) merger control proceedings in jurisdictions or with regulators in crisis, I have opted to summarize what one might … Continue reading Merger control in times of crisis