Nov 08, 2023 German antitrust reform enters into force – a paradigm shift towards a “competition law with claws and teeth”? By Thomas Lübbig Stefanie Engineer The 11th Amendment to the German Act of Restraints of Competition (ARC) entered into force on 7 November 2023, bringing far-reaching...
Jul 17, 2023 Foreign Direct Investment (FDI) screening mechanisms must respect fundamental freedoms: A Case built on Clay, Sand (and Gravel) By Thomas Lübbig Uwe Salaschek Matthias Wahls Weak cases sometimes make good law. On 13 July, the ECJ in Case C-106/22 held that: Except in specific circumstances, the EU FDI...
Jul 11, 2023 Germany Turning Up the Heat on Malfunctioning Markets (but which ones?) By Thomas Lübbig Mariusz Motyka-Mojkowski Malte Symann Marleen Franka Böhm Stefanie Engineer +2 more... Show less Lawmaking in Germany can be turbulent at times but the German Bundestag – i.e., the parliamentary groups of the ‘traffic light coalition’...
Jun 13, 2023 Antitrust & ESG: European Commission publishes its final guidelines for businesses collaborating to meet sustainability goals By Thomas Lübbig Sarah Jensen Maria Dreher-Lorje Ninette Dodoo Justin Chen +2 more... Show less 5 key takeaways On 1 June 2023, the European Commission published its final guidelines on how companies should self-assess agreements...
Mar 30, 2023 Unexpected amendments to EU guidance on abuse of dominance: back to the future? By James Aitken Thomas Lübbig Lucas Vanassche Cecilia Carli Joanna Goyder Killian Byrne +3 more... Show less In a surprise move, the European Commission has published a revised version of its 2008 guidance on enforcement priorities for abusive...
Mar 21, 2023 Court of Justice confirms yet another tool to tackle non-reportable M&A – but is it all bark and no bite? By Thomas Lübbig Kasia Bojarojc Daniel Wylde Justin Chen Sarah Mitchell +2 more... Show less The European Court of Justice (CJEU) handed down its judgment in Towercast on 16 March 2023, confirming Advocate General Juliane Kokott’s...
Nov 14, 2022 Expanding the merger control toolkit - Is this the end of non-reportable M&A for firms that are deemed dominant? By Thomas Lübbig Kasia Bojarojc Daniel Wylde Justin Chen Sarah Mitchell +2 more... Show less The question of how best to capture and test non-reportable acquisitions that are nonetheless deemed as meriting review is one the...
Sep 27, 2022 Competition law in uncertain times: a proposal for the 11th Amendment to Germany’s Competition Act By Uta Itzen Frank Röhling Thomas Lübbig Ole Schley Marleen Franka Böhm +2 more... Show less Only 20 months after the ink dried on Germany’s Competition Digitisation Act, the Federal Ministry for Economic Affairs and Climate...