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Labour related agreements in the European Commission’s antitrust spotlight: New Policy Brief on Antitrust in Labour Markets

Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing...more

The new German competition enforcement act – a true paradigm shift?

On July 6, 2023, the German Parliament passed the 11th amendment to the German Act Against Restrictions of Competition ("ARC"), substantially expanding the Federal Cartel Office's ("FCO") enforcement powers. The reform...more

ECJ Advocate General recommends setting aside the CK Telecoms judgment and endorsing the European Commission’s established...

Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more

ECJ Advocate General proposes that non-reportable transactions could be caught by abuse of dominance rules

Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable, and test under...more

No-poach agreements on the European Commission dawn raid radar

In a speech on 22 October 2021, EU Competition Commissioner Margrethe Vestager revealed that the European Commission was planning a series of dawn raids for the months to come. She highlighted that the European Commission is...more

The ECJ’s Lundbeck judgment offers little new on patent settlements but gives birth to an interesting principle: sector inquiries...

On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission's decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement...more

German Monopolies Commission calls for level competitive playing field in sports sector

On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). ...more

Beware of antitrust rules also in times of COVID-19

Beware of antitrust rules despite alarming economic threats of the COVID-19 outbreak: no general "crisis" defense; governments grant (few) specific exemptions; further developments to be followed....more

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