If AG Kokott in Post Danmark II was a 102 hawk – ordoliberal-redux, fossilizing form over function, economics on the “too difficult pile” for authorities and courts – then AG Wahl firmly sets out his stall as the 102 economics dove (§117, fn 87). Less of an opinion, more of a manifesto. It calls for…
The EU antitrust rules on State aid aim to prevent Member States from distorting competition by giving companies receiving State assistance a “leg up” on their competitors. The concept of State “aid” is broad, and the circumstances under which it may unlawfully distort competition are not always obvious. In addition, the Treaty provisions and secondary…
The EU Commission recently launched a consultation on ‘procedural and jurisdictional aspects of EU Merger Control’ (the Consultation), which most notably proposes the introduction of a deal-size threshold in the EU Merger Regulation (EUMR) to capture significant acquisitions where the target does not meet the current turnover-based thresholds. The Consultation follows a number of comments…
“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…
In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on the innovative pharmaceutical manufacturer, Lundbeck, and a number of generic manufacturers with whom Lundbeck had entered into agreements to settle…
The EU umbrella group of telecoms regulators –BEREC- just published Guidelines on net neutrality. The Guidelines are designed to assist national regulatory authorities in enforcing the net neutrality provisions set out in a Regulation adopted last year (the Open Internet Regulation – No. 2015/2120). The publication took place on August 30 in the afternoon with…
The views expressed in this article are the personal views of the author and do not necessarily reflect those of Hogan Lovells and its partners. A recent judgment in the Spanish bitumen cartel, Galp Energía España,[1]Judgment in Galp Energía España and Others v Commission (“Galp”), C-603/13 P, EU:C:2016:38. has shed some light on the…
States have traditionally faced banking crisis through the so-called bail-out tool: public resources have been used for a long time in order to rescue banks, putting the burden on public finance, thus on taxpayers. Actually, this is what still happens in the most part of the world, but not in the European Union (EU). …
In its recent VM Remonts judgment, the Court of Justice of the EU has confirmed the strict liability of companies for the anti-competitive behaviour of their employees, even if the employee was acting contrary to instructions of senior management. The Court also clarified under which conditions a company can be liable for the anti-competitive conduct…
A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of…
