Foreign Investment: Rising Tides of Politics in Regulation

We are delighted to share with you our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation, which reflects a swathe of recent changes to Foreign Direct Investment (FDI) regimes around the world against the backdrop of the Covid-19 pandemic. FDI filings have become an increasingly important piece of the regulatory jigsaw … Read more

German Supreme Court overturns interim relief ruling and provisionally confirms abuse of dominance by Facebook

Introduction On 23 June 2020, the German Federal Supreme Court (FSC) overturned the temporary injunction granted by the Higher Regional Court of Düsseldorf in August 2019, which suspended the German Federal Cartel Office’s (FCO’s) landmark abuse of dominance decision against Facebook, pending final determination of the company’s appeal (see our earlier blog post). In its February … Read more

COVID-19: PRESSURE POINTS: NEW GERMAN FDI RULES (GERMANY)

Germany is continuing to tighten its FDI regime: A current amendment to the German Foreign Trade and Payments Ordinance (AWV) brings new filing obligations for several case groups. The AWV amendment clearly focuses on the health sector as a direct consequence of the COVID-19-pandemic. It aims to contribute to the permanent maintenance of a functioning … Read more

Foreign Investment: Rising Tides of Politics in Regulation

Our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation is now available. Foreign Direct Investment (FDI) filings are an increasingly important piece of the regulatory jigsaw for cross-border M&A. Against a background of mounting protectionist rhetoric, countries traditionally open to investment (such as the US, UK and Australia) are moving towards … Read more

Digital competition law update from Germany: Franco-German report on algorithms and competition law, and draft German law on Digitalisation of German Competition Law

Competition law/algorithms has been a hot topic of debate amongst practitioners and enforcers for a while, and now two of Europe’s top antitrust enforcers, the Autorité de la Concurrence and the Bundeskartellamt, have joined forces to analyse and publish a report on the potential competition law risks relating to pricing algorithms and their potential contribution … Read more

A New Competition Framework for the Digital Economy? Report by the German Commission Competition Law 4.0

On 9 September 2019, the German “Commission Competition Law 4.0” (Commission) submitted its report “A New Competition Framework for the Digital Economy” (English summary available here) to the Minister of Economic Affairs and Energy. The Commission was set up by the minister in September 2018 and mandated with developing recommendations for the further development of European … Read more