The European Commission’s study on 20 years of EU antitrust remedies finds that while most remedies in antitrust cases were implemented, less than half achieved their intended effect. EU law currently subordinates structural remedies – such as divestments – to behavioral fixes. The study recommends scrapping this hierarchy, as behavioral remedies in particular often proved…
Time present and time past Are both perhaps present in time future, And time future contained in time past. From T. S. Eliot, Four Quartets Establishing an antitrust infringement can already be an arduous task. Yet, effective antitrust enforcement increasingly requires designing remedies that go above and beyond just prohibiting the infringing behaviour. This…
Acqui-hiring—a fusion of the words acquisition and hiring—refers to the practice of larger companies acquiring start-ups with the primary goal of integrating the employees of the startup to their own workforce. While this phenomenon is becoming increasingly common in the tech sector, it is not limited to it. From a merger control perspective, a particularly…
The UK’s Competition & Markets Authority (CMA) is taking significant steps to evolve its approach to merger control, introducing a new Mergers Charter and launching a review of its merger remedies framework. These initiatives mark a notable shift towards a more flexible and business-friendly regulatory environment, reflecting the government’s broader economic growth agenda. By streamlining…
Introduction In 2016, the Insolvency and Bankruptcy Code (IBC) was introduced, fundamentally changing how distressed businesses in India are restructured and how debt recovery is managed. The IBC has paved the way for significant corporate restructurings, including the high-profile acquisition of Essar Steel by ArcelorMittal and the impending acquisition and revival of Videocon Industries by…
Introduction In 2024, the Netherlands Authority for Consumer & Markets (“ACM”) in the Netherlands made some steps in shaping the landscape of competition law and policy. The year was marked by a series of impactful initiatives and enforcement activities aimed at encouraging a sustainable economy, promoting a fair digital economy, and accelerating the energy transition….
Significant competition law developments emerged in Chile during 2024. While this summary does not provide a detailed description of how Chile’s competition enforcement system operates (for that, please refer to the previous series), it is important to recall that the Chilean system involves the intervention of three authorities: Fiscalía Nacional Económica (“FNE”): its main powers…
2024 marked the 10th year since the Georgian Competition and Consumer Agency (GCCA or Agency) started operating as an independent competition enforcer. Created to satisfy an obligation under the 2014 EU-Georgia Association Agreement on maintaining “an authority responsible and appropriately equipped for the effective enforcement of the competition laws”[1] this enforcer has undergone significant transformation…
In recent years, one could have argued that merger control dominated Estonia’s competition enforcement landscape, with high-profile cases setting precedents. However, 2024 painted a different picture. Merger control did not generate the same level of excitement or controversy as in previous years. Instead, the year will likely be remembered for heated debates surrounding legislative proposals,…
The Grand Chamber of the European Court of Justice’s (CJEU) recent decision in Android Auto marks a pivotal—and possibly final—chapter in the contentious evolution of the essential facility doctrine (EFD) [for a comprehensive analysis of the decision and its implications, see my working paper on “The EU essential facilities doctrine after Android Auto: a wild…
