Abuse of dominance, Judicial review, Switzerland

, , (Lenz & Staehelin)/ /Leave a comment

The proceedings against Vifor Pharma/HCI Solutions In December 2016, the Swiss Competition Commission (ComCo) fined HCl Solutions AG (HCI) around CHF 4.5 million for abuse of a dominant market position. HCI, a subsidiary of Vifor Pharma Participations AG (Vifor), operates, among other things, the “Compendium” of electronic drug information and user-specific INDEX databases (e.g. “medINDEX” for…

Competition enforcement, Legislation, Presumptions, Procedures

, (Baker Botts LLP )/ /Leave a comment

Legal presumptions play an important role in competition enforcement. They can translate decades of judicial experience and economic learning into workable, practical tools for efficient enforcement of the competition laws and provide predictability and clarity to companies seeking to comply with those laws. In the past few years, presumptions have been increasingly introduced to streamline…

Germany, Labour market, Merger control

, (Hogan Lovells)/ /Leave a comment

Merger control has long been a cornerstone of competition enforcement in Germany, with the Federal Cartel Office (“FCO”) known for wielding its mandate decisively and not shying away from blocking notifiable deals if they are perceived to cause competitive harm. One example was the prohibition of CTS Eventim’s acquisition of the booking agency Four Artists…

Legislation, Market definition, Merger control, Merger notification, Sweden

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The Swedish Competition Authority (“SCA”) is sharpening its tools for tackling harmful mergers. On 27 March 2025, the Authority adopted new regulations and general guidelines for merger notifications. The new regulations extend the list of documents and market data that must be included in the notification, increase the expectations for the parties to engage in…

Competition policy, Digital economy, Regulation, United States of America

(Georgetown Law and Harvard Kennedy School)/ /Leave a comment

This article makes a modest pitch: The Trump‑Vance Administration should hire venture capitalists (“VCs‑in‑Residence”) in antitrust agencies to help predict the trajectory of emerging technologies. Just as antitrust agencies enlisted technologists to understand the technology behind today’s challenges, they should now partner with VCs to anticipate the technology ahead. The Republican senator from Ohio declared:…

Digital markets, European Union, Self-preferencing, Tying and Bundling, Whatsapp

(University College London) and (University of Cambridge)/ /Leave a comment

In March 2025, Meta rolled out its AI assistant in Europe, which is accessible through its WhatsApp Messenger and will soon be available on Instagram and Facebook Messenger, too. The feature grants users of its platforms access to a “reliable and intelligent assistant” via a “new blue circle icon” on the apps. Trans-Atlantic observers may…

Competition enforcement, Digital markets, Exclusionary Abuse, Google, Japan

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Google’s ‘Be Evil’ transformation (if not merely a narrative) and the antitrust efforts to avenge it (if not exact revenge) are no longer novel. Most notably, following Judge Amit P. Mehta’s historic 2024 ruling from the U.S. District Court for the District of Columbia against Google’s exclusive agreements, including ISA (Internet Services Agreement), MADAs (Mobile…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Union, Fines

(University Villanueva, Spain)/ /Leave a comment

Fast and furious: that was the premise that would make the DMA’s enforcement effective. Overcompensating for past grievances in the application of Article 102 TFEU in the digital markets in terms of speed and remedies justifies the DMA’s need for having regulatory teeth. And teeth it has. On 22 April 2025, the European Commission (EC)…

Competition policy, European Union, Sport, United States of America

(University of Oxford)/ /1 Comment

Introduction On March 27th, the NBA announced a plan to establish a new European basketball league. This league, which would be organised alongside FIBA, the global basketball regulator, would pose the latest challenge to the basketball landscape in Europe. It would also bring to the fore many of the legal and regulatory debates which have…

Austria, Competition Law 2024

(MMRA)/ /1 Comment

Cartels and Restrictive Agreements Cases Construction Cartel In 2024, the Cartel Court imposed several significant fines on additional construction companies for their participation in a nationwide cartel in the Austrian construction sector. The cartel is believed to have had a duration of more than 15 years from at least July 2002 to October 2017 and…