Sighting of a rare animal: Clearance for a transaction that raises concerns

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

Killing acquisitions in the digital age?

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?

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

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