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
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.
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
The German beer cartel with all its tweaks and twists has been broadly covered both by legal magazines and “normal” newspapers. Unsurprisingly, beer manufacturers agreeing on price increases for one of Germany’s vital products definitely makes for good headlines in the news. Still, I would be remiss if I did not use the chance to … Continue reading The Kölsch saga – Klüngel? Or even more?
The ruling was admittedly published already at the end of last year, but I feel it did not receive the attention it deserved, and I was anyway interested in taking a deeper dive: The Higher Regional Court of Duesseldorf found that the German Federal Cartel Office (FCO) did not have jurisdiction to review Meta’s acquisition … Continue reading German regulator overturned: No substantial activity in Germany
We are back from the break! This post covers a topic dear to lawyers and their clients: Legal Professional Privilege. In a ruling last month, the European Court of Justice clarified – some say expanded – the scope of Legal Professional Privilege, granting greater protection to the lawyer-client relationship. While the ruling did not relate … Continue reading Legal Professional Privilege and Antitrust
The German Bundeskartellamt has published an interim report on its ongoing investigation into fuel refinery and wholesale. While the regulator has so far found no indications of illegal agreements on prices, it will continue to investigate whether market participants might have breached antitrust law. At the same time, the findings could fuel (no pun intended) … Continue reading Refineries and fuel wholesale: More reason for new regulatory powers?
In (EU/German) merger control, M&A deals that significantly impede effective competition are to be prohibited. That rule is set in stone. Right? Not entirely: The German Bundeskartellamt has cleared a transaction that it would generally have had to prohibit, making use of a rarely used provision in German merger control. The case (Westenergie/Rheinenergie) was about … Continue reading Sighting of a rare animal: Clearance for a transaction that raises concerns
Every year, the German Bundeskartellamt invites its “Working Group on Competition Law” to gather and discuss a certain topic. It was that time of the year again last week, when the group came together to debate “Merger control in the digital age - Challenges and development perspectives.” Here is an attempt at reading the tea … Continue reading Killing acquisitions in the digital age?
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
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