The European Union (EU) is readying revolutionary new powers for the European Commission (the Commission) to combat distortions of competition resulting from subsidies from non-EU governments. The new regime, laid out in a proposed regulation (the Anti-Subsidy Regulation) published in May 2021, could be in effect as soon as mid-2023. The regulation includes new mandatory notification…
In a speech on 22 October 2021, EU Competition Commissioner Margrethe Vestager revealed that the European Commission was planning a series of dawn raids for the months to come. She highlighted that the European Commission is not just looking to investigate traditional cartels, like price-fixing agreements, but also other types of anti-competitive conduct – such…
The newest episode of the competition edition of the International Law Talk Podcast focuses on the revival of the Dutch clause and other current issues of merger control. For this highly topical issue, I interviewed merger control star Tilman Kuhn from White & Case. Earlier this year, the European Commission encouraged Member States to use…
When we earlier reported the German Facebook proceedings in terms of a legal opera [Link], this metaphor was, as I am afraid we have to admit, a little ill-fitting. As things now seem, we can observe a whole oeuvre, a whole cinematic universe, as a good number of spin-offs, sequels and side-stories centred around Facebook…
On 9 June 2021, the European Commission (EC) published a Preliminary Report setting out the initial findings of its sector inquiry into the consumer Internet of Things (“IoT”). The consumer IoT sector encompasses services, devices and technologies that support the interaction of consumers with connected devices, which collect and exchange data over the internet. The…
On 6 May 2021, the European Commission (“Commission”) published its evaluation of the Horizontal Block Exemption Regulations and the Guidelines on Horizontal co-operation agreements (“HGL”) (as reported here). The evaluation indicated that revision and clarity is needed in various areas, inter alia for sustainability agreements. The Dutch Authority for Consumer & Markets (“ACM”) announced on…
Back in April 2017, The Times ran a story detailing how a drug giant had a “secret plan” to destroy a cancer medicine unless large price rises were agreed to by national purchasing authorities. A month later, the European Commission opened an investigation into Aspen. Almost four years later in February 2021, it accepted commitments…
On 6 May 2021, the European Commission (“Commission”) published a staff working document (“SWD”) on its evaluation of the horizontal block exemption regulations on research & development and specialisation agreements (“H-BERs”) and the horizontal guidelines. The SWD is accompanied by an evaluation study, commissioned to provide qualitative and quantitative evidence to support the Commission’s evaluation. The findings show…
On May 5, 2021, the European Commission (the Commission) adopted a proposal for a regulation (the Anti-Subsidy Regulation) to combat distortions of competition in the European Union (EU) caused by subsidies granted by non-EU Member States to companies doing business in the EU. The Anti-Subsidy Regulation is an important part of the von der Leyen…
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…
