Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission

(University Villanueva, Spain)/ /Leave a comment

The DMA celebrates its second year of application. Since its existence, the regulation has brought changes to the digital space but also regulatory unpredictability in terms of legal standards and enforcement strategies. It’s, however, a time to reflect on the DMA’s achievements and there is nothing better to assess that than to look out for…

Killer acquisitions, Merger notification, Merger Thresholds, Netherlands

, , , (De Brauw Blackstone Westbroek)/ /Leave a comment

Competition authorities around the world are closing loopholes and asserting jurisdiction over mergers that have potentially harmful effects but that fall below quantitative merger-control thresholds. Some of the activities that give them cause for concern include anti-competitive effects in local markets, roll-up strategies, killing potential competition, and the stifling of future innovation. Authorities are increasingly…

Competition, European Commission, European Union, Remedies

, , (Hogan Lovells)/ /Leave a comment

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…

Antitrust, Competition, Enforcement, European Commission, European Union, Remedies

(NERA) and (University of Leeds)/ /Leave a comment

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…

Germany, Human resources, Merger regulation, Remedies

(Humboldt-University of Berlin) and , (University of Würzburg)/ /Leave a comment

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…

Merger control, United Kingdom

, (White & Case) and (White & Case, Belgium)/ /Leave a comment

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…

Ex ante regulation, Failing firm defence, India, Judicial review, National court

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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…

Competition Law 2024, Netherlands

, (Eversheds Sutherland (Netherlands) LLP)/ /Leave a comment

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….

Chile, Competition Law 2024

, (Universidad Adolfo Ibáñez)/ /Leave a comment

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…

Competition Law 2024, Georgia

(Georgian Competition and Consumer Agency) and (University of Sussex)/ /Leave a comment

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…