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…
Acqui-hiring—a fusion of the words acquisition and hiring—refers to the practice of larger companies acquiring start-ups with the primary goal of integrating the employees of the startup to their own workforce. While this phenomenon is becoming increasingly common in the tech sector, it is not limited to it. From a merger control perspective, a particularly…
Introduction Big tech platforms possess characteristics that lead to entrenched structural power and a lack of competition. One notable feature is the existence of extreme economies of scale, arising from the minimal marginal costs associated with additional business users or end users. Furthermore, the services offered by these platforms exhibit strong network effects and an…
Japan is now the fourth region in the World to have adopted complementary rules to its competition law regime to capture the power of Big Tech. Following Germany’s, the UK’s and the European Union’s steps, Japan in June the Act on Promotion of Competition for Specified Smartphone Software (for short, the Smartphone Software Competition Promotion…
Google’s behaviour in the advertising technology sector (Ad Tech) is under attack or, at the very least, it is being intensely scrutinised on both sides of the Atlantic. Google is already subject to several antitrust suits in the U.S. lodged against it by the Department of Justice (DoJ) and individual States. In the European Union,…
On 12 January 2023, the new EU Foreign Subsidies Regulation (FSR) entered into force. The majority of the FSR will start to apply on 12 July 2023. The FSR constitutes a new investigatory review tool for the European Commission. It will focus on economic behaviour on the internal market by companies who received foreign subsidies…
On 18 May and 22 June 2022, the EU General Court upheld two European Commission prohibition decisions. Both judgments endorsed the European Commission’s assessment of the mergers at issue, recognising a broad margin of discretion in the European Commission’s evaluation of the concentrations’ effects and the remedies. Key takeaways The EU General Court (“GC”)…
On 18 November 2021, the China competition authority State Administration for Market Regulation (“SAMR”) released the decision that the acquisition of Illinois Tool Works Inc. (”ITW“) over MTS Systems Corporation (“MTS”) is conditionally approved (the “Decision”) [1]. It is the third merger case cleared with remedies by the SAMR in 2021. But what is eye-catching…
Competition authorities are increasingly scrutinizing Google around the globe: The European Commission was the first authority to investigate Google and has issued three record-level fines in Google Shopping, Google Android and Google AdSense. In the US, the DoJ has recently filed a complaint against Google with the US Supreme Court arguing that Google abuses its…
