On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by mid-2023, will have a major impact on companies that engage in M&A and public tenders in the EU, and which…

Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable and test under that provision whether the transaction as such constitutes an abuse of a dominant position. However, a competition authority cannot in…

The Digital Services Act: a primer Following its adoption by the Council on October 4, the final version of the Digital Services Act (DSA) has been approved and will be published in the Official Journal of the European Union (OJEU) in the forthcoming weeks. The DSA operates a major step in the ambitious project of…

Last week, the European Commission adopted an updated version of its Informal Guidance Notice (“the IGN”), the mechanism that allows businesses to seek clarity regarding the compliance of specific activities with EU competition law. The substance of the IGN is animated by “guidance letters”, informal documents intended to provide legal certainty to undertakings facing novel…

Regulation 2019/452 (as amended, the FDI Regulation) inserted the European Commission (the Commission) into a hitherto jealously guarded area of EU Member State authority – screening of foreign direct investment (FDI) for threats to security and public order.  The FDI Regulation sets out minimum requirements for Member States’ FDI screening regimes and a mechanism for…

Case law has given rise to the concept of a Single and Continuous Infringement, providing for consolidating all actions and undertakings supporting an infringement. Including those with a marginal affiliation or effect, providing a doctrine of immense practical relevance. However, while the doctrine allows for solving practical issues, it does not dispense with the obligation…

In recent years, there has been much talk of ‘due process’ and of ensuring a fair and impartial case handling by competition authorities. The EU Courts consistently stress the importance of respecting the parties’ defence rights but often end up siding with the European Commission. By finding no violation of the parties’ defence rights they…

The final text of the DMA, after the Council’s final approval last 18th July, opened up, yet again, speculation on its enforcement. Although the Commissioner for the Internal Market Thierry Breton promptly confirmed that DG Connect would be the Directorate to apply and oversee the compliance of the DMA’s rules and obligations, several questions still…

Two Germans meet in Graz to discuss private enforcement of competition law in the EU. Tune in for the first in-person interview of the competition edition of the International Law Talk Podcast. On a warm summer day in June, I interviewed Thomas Thiede on our favorite topic: private enforcement of competition law and its newest…

On 13 July 2022, the General Court of the European Union confirmed the European Commission’s jurisdiction to review the Illumina/Grail transaction following a referral pursuant to Article 22 EUMR. The judgment is an important endorsement of the EC’s recent change in its Article 22 referral policy, and may embolden the EC to call in for…