I. Setting the scene: The EU policy agenda The European Union (EU) treaties have set out a particular goal: the establishment of the single market. Achieving the single market is an objective with unclear boundaries regarding tools, stages and expected final outcome. The EU treaties established a goal that implied a voyage into the unknown….

Canon, the Japanese imaging and optical products manufacturer, has been fined €28 million (US$ 31.8 million) for implementing its acquisition of Toshiba Medical Systems Corporation (TMSC), before it was approved by the Commission, which is in breach of EU merger control rules.  The fine was announced by the European Commission on 27 June 2019.  …

On 22 July 2019, the European Commission published a new State aid Recovery Notice on its website (publication in the Official Journal of the European Union will follow).[1] The new Notice replaces the Recovery Notice of 2007[2] which was introduced to address the slow and sometimes inadequate implementation of State aid recovery decisions by EU…

At the time of writing, there is still a lot of uncertainty as regards the question of whether the United Kingdom will leave the European Union with an exit deal on 31 October 2019.  However, what is clear is that State aid regulation will continue in the UK irrespective of the way in which the…

Following the political shake-up in Europe and the severance of the EPP and S&D combined majority, horse-trading with other political parties within the European Parliament over the next 5 years is inevitable. In addition, the upcoming new Commission President and the new College of Commissioners are expected to establish the political priorities that will shape…

On March 25, the European Commission (EC) fined Nike €12.5 million for restricting cross-border and online sales of branded merchandise by its European licensees. In December last year, the EC fined Guess €40 million for imposing restrictions on the use of its brand by distributors online. In total in 2018, the EC imposed fines of…

The European Commission’s Chief Competition Economist in a recent presentation specifically referred to the notion of “platform envelopment” and the possibilities of leverage.[1] His social-media posts about the power of search engines and browsers to gain advantages in other areas, such as videos, maps and shopping, suggest a sense of insecurity about the growing influence…

Debate in the competition law community has intensified around the issue of enforcement in digital markets in recent months with (yet another) significant antitrust fine being levied against Google, the Bundeskartellamt’s Facebook decision, and (most recently) the European Commission’s Report on Competition policy for the digital era. The emergence of digital markets (and these recent…

Common ownership currently is one of the focus topics in the antitrust community. Einer Elhauge, a Harvard Law professor, has called it the “greatest anticompetitive threat of our times”. Others believe that there is no issue at all. The below gives an overview on the status of the debate and analyses the recent EU Commission…

Gun-jumping is a “hot topic” and increasingly on the radar of competition authorities in Europe and across the globe.  As part of the OECD roundtable discussions, the European Union (and a number of other countries) recently submitted a note on the suspensory effects of merger notifications and gun-jumping (Article 7 of the EU Merger Regulation…