Antitrust Advent Calendar 2021

Antitrust Advent Calendar 2021

Indeed, dear readers, there are a lot of news out there: The European Court supports the Commission in its quest against Google. The UK CMA tells Facebook to sell Giphy. The Bundeskartellamt, in a quite different dimension, opposed the acquisition of “Ostthüringer Zeitung”, a regional newspaper in the Gera/Jena area (while we are waiting for the first section 19a-decisions). The new German “traffic lights coalition” has ambitious plans for EU and German competition law reform, now under the direction of…

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Conference Debriefing (27): EU Competition Conference 2021

Conference Debriefing (27): EU Competition Conference 2021

Following the bi-annual tradition the EU Competition Conference was held again this year – not in Brussels but instead all over Europe. Competition law practitioners submerged in the virtual world to discuss the latest developments in EU Competition Law – Patrick Hauser and Lisa Pawlak have the details.  Name of Event: EU Competition Conference Topic: Latest developments and upcoming challenges in key areas of EU competition law, especially the “new” Art. 22 EUMR referral regime in merger control, the reform of EU rules…

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Becoming the DMA: The Parliament’s Compromise (for now)

Becoming the DMA: The Parliament’s Compromise (for now)

Writing about the DMA means jumping on a passing train (with a parachute). The draft Regulation is in constant flow: The Commission’s first serve was shelled with 1199 amendments proposed to Andreas Schwab, the Rapporteur for the European Parliament Committee on the Internal Market and Consumer Protection (IMCO) by his colleagues. Once Parliament agrees on a compromise text, the trilogue negotiations with the Commission and the Council will start. The IMCO’s compromise text of Oct. 3 (hereinafter Compromise Amendments) was…

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Zum 4. Mal: Kartellrechtler unter sich

Zum 4. Mal: Kartellrechtler unter sich

Am 28. September 2021 fand die neueste Ausgabe des berühmt-berüchtigten Düsseldorfer Doktorandenseminars im Kartellrecht statt. Philipp Offergeld und Mykyta Shchupak berichten über die aus ihrer Sicht kurzweilige, gelungene Veranstaltung. Das Institut für Kartellrecht der HHU Düsseldorf (IKartR) lud am 28. September zum mittlerweile vierten Mal zum Doktorandenseminar im Kartellrecht und setzte damit eine Reihe fort, die mittlerweile wohl als Tradition bezeichnet werden kann. Aufgrund der unsicheren Planungslage wurde die Veranstaltung nicht im Haus der Universität in der Düsseldorfer Innenstadt abgehalten, sondern über Zoom. Das Team des…

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Conference Debriefing (26): WuW70

Conference Debriefing (26): WuW70

In 1951, seven years before the German competition act entered into force, WuW was founded, the oldest German competition law journal. The editors (of which our reporter is one) staged a conference in Berlin to mark the 70thanniversary – with awards, expected honoraries and unusual suspects. If you want to have an idea how these Germans think about antitrust, Rupprecht Podszun has a Conference Debriefing for you! Name of Event: “70 Years Wirtschaft und Wettbewerb – Join the Future of Competition” – it was…

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New merger control thresholds for Austria

New merger control thresholds for Austria

Austria, that lovely neighbouring country to Germany, is known for its Kaiserschmarrn, music, the Alps – and interesting merger thresholds. There is a reform, however, that will come as a relief to many. Johannes Barbist brings us up to date – including interesting news on the applicability of the new merger control thresholds.   Austria is lagging behind. We still concentrated on the market dominance test (also in merger control cases), did not specifically address the growing importance of digital…

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Refill: Beer Cartel (da capo)

Refill: Beer Cartel (da capo)

Hello again! The parties involved in the German beer cartel are meeting in court again. The Cartel Senate of the Federal Court of Justice called for another round by overturning an acquittal of the Düsseldorf Higher Regional Court in this case in 2020. Now other judges of the Düsseldorf Court have to take up the matter. Rupprecht Podszun, who had written about the first proceedings here, has followed the new start of the trial. “We are new! Let’s start again…

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Revisiting Bork the Antitrust Warrior

Revisiting Bork the Antitrust Warrior

Some books change the world, they say, and that is even true for competition law and policy. This summer, Bertold Bär-Bouyssière re-read the one book that gave antitrust policy a new direction: Robert Bork’s “The Antitrust Paradox”. Here is his review! Robert Bork´s seminal work “The Antitrust Paradox” is available again, published by Bork Publishing in 2021 with a new introduction by Senator Mike Lee and a Foreword by Robert H. Bork, Jr. The hardcover edition is at USD 39,99,…

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SSNIPpets (45): Fringe

SSNIPpets (45): Fringe

In the traditional summer slump, there is some time to explore the fringes of antitrust law. The grass is always greener on the other side, so Rupprecht Podszun took off his blinkers for once and feasted his eyes on the little flowers left and right. Here are his SSNIPpets – small but significant news, information and pleasantries – our pet project!   Antitrust is dead Fewer and fewer professors are doing antitrust law, at least in the US. In an…

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The Saxon wood pulp cartel

The Saxon wood pulp cartel

Cartels are harmful to the economy and consumers. What sounds obvious today was seen differently in Germany more than 100 years ago. Competition was considered “pernicious” and cartels “beneficial”. In one of its most famous rulings, the then Supreme Court, Reichsgericht (RG), paved the way for the progressive cartelisation of the German economy in 1897, an epochal misjudgement, as later became apparent. If you are looking for a distraction from “gatekeepers” and “GAFA”, you can take a look back with Paul…

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