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
Living in times of transformation – key focus areas of the German Federal Cartel Office
The recent publication of the FCO’s Annual Report 2023/2024 provides insight into the FCO’s current areas of focus and an outlook for the future
The European Commission is getting serious – current developments in EU and German FDI control
New draft regulation of the EU Commission on the review of foreign investments and impacts on the current German legislation
Digital Markets Act: Private enforcement comes into play!
The enforcement of the DMA does not solely rest with the European Commission, private litigation before the national courts of the member states will play a key role in shaping the competitive landscape of digital markets with corresponding opportunities for affected parties
Labour markets in the focus of competition watchdogs
Whether “no-poach“, “wage fixing” or abuse of market power – the human resources sector is increasingly becoming a matter of antitrust law
The Pharmaceutical Sector in the Focus of Competition Law – the Latest Developments in the new Commission Report
The European Commission has published its new report on competition law enforcement in the pharmaceutical sector
