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…
On 24 September 2024, the European Commission (EC) issued the long-awaited first decision (under phase II of the concentration tool) of the new Foreign Subsidies Regulation (FSR). It took another long wait of seven months, but a provisional public version of the commitment decision in the e&/PPF transaction (Case FS.100011) was published on 4 April…
Fragmented Merger Control Landscape in Europe People like certainty. That is especially true for M&A dealmaking. Clear thresholds and parameters around regulatory approvals give dealmakers certainty as to what steps need to be taken to get deals over the line. Yet, many EU jurisdictions now permit merger review by way of new call-in powers for…
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…
Recently, the European Union’s industrial policy has undergone a renaissance. Faced with mounting geopolitical uncertainties, increased global competition, and the urgency of “twin transitions” (digital and green), the EU has identified a pressing need to bolster strategic sectors, accelerate innovation, and ensure resilience within the internal market. The Letta and Draghi Reports can vouch for…
In Tuesday’s judgment C-253/53 – ASG 2, the European Court of Justice (ECJ) provides some clarification on the compatibility of German rules restricting the fiduciary assignment of cartel damage claims to a provider of legal services with the principle of effectiveness and the right to effective judicial protection in EU law. The ECJ took a…
2020, 2021, 2022, 2023, we continue to keep you up to date with the latest developments in competition law and policy on EU level. To say it with Philip Marsden ‘step back, nibble some chocolate’ and read on the competition law developments in 2024 – competition law made easy! Article 101 TFEU In 2024,…
Over the past months, various discussions and debates have taken place concerning the future path of EU competition policy. Central to these discussions was the Draghi Report calling to revamp the EU’s competitiveness and launch a new industrial policy. Some of these discussions were described as reviving “old Europe” mindset and proposing policy directions that…
The recent Google Shopping ruling has already sparked much debate, and an earlier blog post offers a detailed overview of the judgment itself. Building on this, this contribution’s focus is to emphasize and discuss some aspects in the academic analysis, the judgment’s broader implications and outlook for further actions. It builds upon a recently published…
