The ability of merging parties to properly participate in the merger review process is premised on the freedom to exchange information and discuss strategies necessary to obtain clearance (subject to all the requisite protections against gun-jumping of course). This freedom to share and exchange information and views is based on the understanding that such communications…

This item was written by my colleague Anita Banicevic While most consumers know that their clicks and “likes” leave a digital trail, the rise of the digital economy has led to a spike in the volume and types of data being created and collected. If data is “the new oil,” it’s no surprise that regulators…

The following item was prepared by my colleagues Jim Dinning and David Feldman In the annual Davies forecast of the year ahead for Canadian competition law, we discuss the top five issues and trends to watch for in Canadian competition law this year. 1. New Leadership at the Bureau and a Year of Transition 2018…

This case relates to the interplay between EU competition law and the pharmaceutical regulatory regime. It arose in the context of an arrangement in which Genentech licensed Bevacizumab to one company in the field of Ophthalmology (‘Lucentis’) and to another company for the treatment of cancers (‘Avastin’). There was a delay in obtaining an MA…

The Federal Cartel Office (“FCO”) has published a background paper “Innovation – Challenges for the Antitrust Law Practice” in October 2017. It covers possible innovation aspects across different antitrust law areas, with a focus on merger control. The paper is a valuable contribution to the debate on innovation. It is an agency paper, so it…

As 2018 and Father Christmas approach, it is important to remember that there will be those in Copenhagen next month more interested in dominant market presence than Christmas market presents. To the Body of European Regulators for Electronic Communications (BEREC), which will meet in Denmark’s capital on 7 December for their 33rd Ordinary Plenary Meeting,…

The new digital economy will involve significant cooperation between competitors and data sharing / pooling to a much larger extent than in the past. This is not limited to the big data industries but will also extend to more traditional sectors where digitalization and connectivity of devices is playing an increasingly important role. One of…

The competition and agricultural rules in the EU treaties have lived separate lives for many decades. While an agricultural exemption from the competition rules was already foreseen by Article 42 of the Treaty of Rome (now Article 42 TFEU) and this exemption has been included in secondary legislation since 1962, in practice its scope was…

The German Federal Cartel Office (“FCO”) has published its sector inquiry report in cement and ready-mix concrete (link to English press release). While the report targets the cement and ready-mix concrete sector and its particularities (e.g., cartel history, oligopolistic markets, vertical integration, homogenous products), it may provide some insights into the FCO’s approach in general,…

On May 30, 2017, the Bundeskartellamt (Federal Cartel Office, „FCO“) has published guidelines on remedies in German merger control, also available in an English translation, link here. The very detailed guidelines (87 pages) provide a comprehensive and helpful overview and summary of the FCO’s standing remedies practice, as well as of related jurisprudence. The timing…