The 50+1 rule is a distinctive feature of German professional football. While majority shareholdings of investors are not uncommon in other professional football leagues, this rule makes them almost impossible in Germany. However, the Bundeskartellamt (Federal Cartel Office: FCO) may now have put a stop to this long-standing practice. So, might we even witness investor-led…
Despite the best efforts of the European legislator, in some European Member States private enforcement of competition law, that is, private litigation for compensation of cartel overcharges is meagre at best. One of the numerous reasons why private enforcement of competition law mostly fails is the lack of meaningful provisions for determining the damage suffered,…
We are happy to announce the new International Law Talk Podcast episode on EU competition law developments in the pharmaceutical sector. And this one is twice as good! Not only are we discussing both competition and IP issues, but I also interviewed two leading experts in the field: Michael Clancy and David Hull from Van…
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 Netherlands Authority for Consumers & Markets (“ACM”) published its updated market study (“FttH market study”) into the roll-out in the Netherlands of fibre-optic broadband networks for households (Fiber-to-the-Home). In the annex to this report, the ACM provides guidelines on how the roll-out of fibre-optic networks could be coordinated within the…
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…
While the skyrocketed technological advancements add immense comfort to human lives, they bring certain tied-up gifts for humans to ponder upon. One such technology which recently had an enormous outburst in the economic structures is that of blockchains. Blockchain is one of the most revolutionary consequences of the advancement of digital commerce which is arguably…
It has been another exciting year in Spanish Merger Control. To the overarching importance of the pandemic, we have to add political appointments, more Phase II investigations and resort to innovative packages of remedies. The Spanish Enforcer in Times of Pandemic In June 2020, the council of the Comisión Nacional de Mercados y de…
