A focused look at how the European Commission’s EUR 462.6 million Teva decision reshapes the concept of competition on the merits in pharma antitrust enforcement
Public Signaling and the Use of AI by the EU Commission to Detect Infringements
The Michelin decision of EU General Court highlights the antitrust concerns related to public communications by companies and sheds some light on the Commission’s use of market surveillance tools to detect potentially anti-competitive price signaling
EU Commission delivers food for thought for non-controlling minority shareholders
The EU Commission fined Delivery Hero and Glovo for agreeing on no-poach agreements, exchanging information and allocating markets. The cartel was facilitated through Delivery Hero’s non-controlling minority shareholding in its competitor Glovo
Antitrust law and sport: They just want to play?
Recent rulings in sports antitrust echo far beyond the sidelines
FDI-Control 2.0 – Review of Outbound Investments
The European Commission recommends Member States to review certain investments of EU investors in Non-EU countries
Foreign Subsidies Regulation – Recap, Initial Insights, and Outlook
Since 12 October 2023, M&A transactions meeting the relevant thresholds must be notified to the European Commission (“Commission“) under Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market (“FSR“). Over the past year, the Commission, affected companies, and their legal counsel have been busy navigating the FSR framework
ECJ: National law must provide for collective redress of cartel damages if individual collection is excessively difficult
The decision by the European Court of Justice concerns the compatibility with EU law of the provisions of the German Act on Non-Judicial Legal Services regarding “class actions” for cartel damages via the assignment model
ECJ strengthens Legal Privilege
The scope of the protective effect of EU legal privilege extends to all legal advice, irrespective of the area of law or a specific defense situation
“Standalone” exchanges of information as restrictions of competition by object
The European Court of Justice provides in its decision Banco BPN further guidance on information exchange between competitors
The end of a saga: ECJ decision Illumina/Grail on merger control under Art. 22 European Merger Regulation
The European Court of Justice (“ECJ”) brings long-awaited legal certainty regarding the – now limited – scope of the referral mechanism under Art. 22 ECMR for concentrations that do not meet the EU or national merger filing thresholds
