In Joseph Heller’s seminal World War II novel, the protagonist Captain Yossarian finds himself in an inescapable situation. To continue flying into war is insane, but claiming insanity to avoid going to war immediately demonstrates your sanity. There is no way out. This is Catch-22. But the book also has other fascinating passages, touching on…
On 2 December 2020, the European Commission published a Notice to Stakeholders on Brexit and EU competition law.[1] It essentially reflects the UK position as set out in CMA guidance published on 1 December 2020.[2] These papers are equivalent to the divorce papers governing the children’s custody. Who has the kids and when over the…
The European Court of Auditors’ Special Report published on 19 November 2020 is an interesting read for a dark COVID winter evening: “The Commission’s EU merger control and antitrust proceedings: a need to scale up market oversight“.[1] In respect of merger control, the Report (and the European Commission’s Response to the ECA contained in it)…
The global coronavirus pandemic impacts all aspects of life. The operation of the EU merger control regime is no exception. This situation will likely continue for some considerable period, potentially over several months. The inevitable resulting disruption will have negative effects on the M&A process for many companies. This post considers the effects of the…
It has been just over a year since I last wrote on EU Merger Control and the Innovation Theory of Harm (the ITOH), see here. And what a year it has been. We still have no real idea what Brexit means. We still do not know who will win the World Cup this year, but…
We live in a rapidly changing world. The monikers of change are well known to all of us. Trump. Brexit. Eddie Jones. The future is unpredictable. As Joe Cocker sang, “who knows what tomorrow brings”? But let’s climb aboard Elon Musk’s innovative SpaceX Falcon 9 for a moment. Let me take you to another world….
“Hope Smiles from the threshold of the year to come, Whispering ‘it will be happier’…” Introduction This quote from Alfred, Lord Tennyson might – I sincerely hope after recent events – be applicable to life generally in Brussels in 2017. But not so – I fear – in the world of EU merger control. It…
Writing from the floor of my office, you will all now be aware that the British public voted in favour of a so-called “Brexit”, or exit from the European Union (“EU“). Before I turn the lights off, I thought I would share the following, which may be of interest to our readers, on the implications…
We have recently celebrated the 25th anniversary of the EU Merger Regulation, which came into force on 21 September 1990. Since that date, we have seen an exponential growth in merger control notifications at the European level – at least up until the financial crisis that began in 2008. The good news is that, to…
Just over a year ago, I wrote (rather extensively) on the European Commission’s public consultation entitled “Towards more effective EU Merger Control” in which the Commission proposed to (i) expand its powers to review non-controlling minority interests and (ii) streamline the case referral system between the European Commission and NCAs (see here). Our regular readers…
