Wolters Kluwer: Antitrust and Competition Law

The second wave of DMA compliance reports are in, and the Kluwer Competition Law Blog has the breakdown! This article by Alba Ribera Martínez, dives into how Alphabet, Apple, Amazon, ByteDance, Meta, and Microsoft are responding to the Digital Markets Act. The EU Commission is using both ""stick and carrot"" approaches, but much of the enforcement happens behind closed doors. Some gatekeepers are proactively adapting, while others (like Amazon) seem to be waiting for more explicit direction. Understand the nuances of DMA compliance and the different approaches taken by major tech companies. Read the full analysis on Kluwer Competition Law Blog! #DMA #DigitalMarketsAct #CompetitionLaw #EU #TechRegulation #Compliance #Gatekeepers #antitrust

In the recent article on the Kluwer Competition Law Blog authors Christian Ritz, LL.M. (USYD), Christoph Wünschmann and Florian von Schreitter of Hogan Lovells review the European Commission study evaluating 20 years of EU antitrust remedies, which reveals a concerning statistic: less than half have actually achieved their intended effect. The study highlights the ineffectiveness of behavioral remedies and recommends bold changes, including: ➖Scrapping the preference for behavioral over structural remedies (like divestitures). ➖Mandatory monitoring trustees to ensure effective implementation. ➖Faster enforcement timelines to prevent remedies from becoming obsolete. The Commission is holding a workshop on March 27, 2025, to discuss these findings. Companies operating in the EU should pay close attention – these potential reforms could reshape antitrust enforcement for years to come. #Antitrust #CompetitionLaw #EU #Europe #Regulation

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 development engenders a crucial question: how effective have antitrust remedies actually been? Nicola Tosini and Peter Whelan learned many lessons from the research addressing this question. Read the article now on the Kluwer #Competition Law Blog!

Microsoft/Inflection: #DirectHiring as a New Challenge for Merger Control Now available in English: The English translation of our #NZKart tutorial on employee #poaching and its implications under #CompetitionLaw (https://lnkd.in/eH8SZ5jk) is now accessible online at: https://lnkd.in/eMJrcgsB #Anticompetitive changes in #market #structure resulting from #employee #poaching have increasingly come under the scrutiny of competition authorities – most recently in the #Microsoft / #Inflection case. Florian Bien, Toker Doganoglu, and I examine which #remedies – in particular under #merger control and abuse of #dominance rules – can be appropriate in such cases. Thanks very much to the Wolters Kluwer: Antitrust and Competition Law #blog, especially to Lena Hornkohl and João Otávio Bacchi Gutinieki, for the incredibly speedy publication and the great support, as always.

In the article author Aniket Ghosh dives into the Supreme Court #ruling 'Independent Sugar Corporation Ltd. v Girish Sriram Juneja & Ors'. A ruling that has introduced new regulatory dynamics, particularly for acquisitions involving distressed companies that require approval from the Competition Commission of India (#CCI). Read how the CCI will have to balance its objectives of ensuring fair #competition in the market with the IBC’s mandate of finality and quick revival of distressed target companies. The article is now on the Kluwer Competition Law Blog!

The Main Developments in Competition Law and Policy 2024 series is still growing. Local experts reported on the key developments last year in the area of legislation and case law for the Kluwer Competition Law Blog. Posts that were published in the last 2 weeks on: 🔶Chile by Tamara Sandoval and Daniela Gorab 🔷Estonia by Martin Mäesalu and Linda Helen Herman of Ellex Raidla 🔶Georgia by Salome Kavtaradze, PhD and Liana Japaridze 🔷The Netherlands by Reshmi Rampersad and Michel Chatelin of Eversheds Sutherland Netherlands 🔶Spain by David Pérez de Lamo, Francesc Xavier Bascompte Lázaro, and Pablo González Casín of Cleary Gottlieb Steen & Hamilton LLP 🔷Sweden by Helene Andersson and Charlotte Karlsson of Advokatfirman Delphi The full series is available in the link below 👇

FTC Chairman Ferguson, who has had some more time on the job than AAG Slater, has said that #BigTech and #healthcare markets are among the biggest priorities for the current FTC.

The article by Ishaan Saraswat & Esha Rathi examines the strategic manoeuvre of ‘#sandbagging’ in mergers and acquisitions (M&As), wherein a party, despite having prior awareness of falsity of certain representations and warranties, attains the right to claim indemnification, damages for the breach of warranties, and restitution along with rescission of a contract for the breach of representations. The delicate task of aligning statutory law with modern commercial practices echoes the global challenge faced in having clarity and transparency regarding the complexities of M&A transactions. The article is published in the journal Business Law Review and available on kluwerlawonline.com #mergers #acquisitions #competitionlaw

Dive into Giuseppe Colangelo's latest blog where he unpacks the groundbreaking developments in the essential facility doctrine through the Google Android Auto case. This piece is a treasure trove for anyone passionate about competition law, the digital economy, and the future of tech regulations. Key Takeaways: ✔️ New Perspective: The blog discusses the Opinion of AG Medina, which introduces a new perspective on the essential facility doctrine by considering the functional and commercial purpose of the facility. ✔️ Limits of Justification: It highlights the limits of objective justification under Article 102 TFEU in cases of market access restriction or denial. ✔️ Digital Economy Impact: The case has significant implications for digital platforms, particularly in terms of access and quality conflicts between platforms and their commercial customers. ✔️ Future Clarifications: The blog emphasizes the need for nuanced clarification by the CJEU to ensure coherence with previous practices and effectiveness for future cases. Read the full article now on the Kluwer Competition Law Blog #CompetitionLaw #DigitalEconomy #TechRegulations #EssentialFacilityDoctrine #GoogleAndroidAuto #LegalInsights

Kluwer #Competition Law offers a comprehensive suite of tools for merger control, which can be highly beneficial for a law practice specializing in competition law. Key Components of the Merger Control Suite: 📈 Merger Thresholds Monitor: Provides up-to-date merger control thresholds, procedural information, exchange rates, interpretation, and guidance for over 140 countries. Essential for identifying which mergers and acquisitions must be reported to government regulators, saving time and resources by streamlining compliance with diverse regulatory requirements. ✏️ Market Definitions Locator: Offers expert summaries of over 900 European Commission merger decisions to identify relevant product and geographic market definitions. Helps in assessing filing requirements and preparing merger filings by understanding market definitions crucial for competition analysis. 💰 FDI Procedure Pro: Provides Q&A guidance on Foreign Direct Investment procedures for over 40 jurisdictions, edited by leading law firms. Assists in managing risks associated with FDI by ensuring compliance with complex screening frameworks, which is increasingly important in cross-border transactions. Overall, a subscription to Kluwer Competition Law can significantly enhance a law practice's capabilities in handling #mergercontrol and related competition law matters, especially for those dealing with #international #transactions. Get direct access to Kluwer Competition Law and the tools: https://lnkd.in/dx3SitC Get a demo of what Kluwer Competition Law can do for you: https://lnkd.in/ev767FSW