A new dawn for cartel enforcement? Competition authorities across Europe resume unannounced dawn raid inspections

On 22 June 2021 the European Commission (“Commission”) revealed that it had carried out surprise inspections at the German premises of a company active in the clothing sector, suspected of infringing competition rules.  This was the first unannounced inspection, or “dawn raid”, conducted by the Commission since the COVID-19 pandemic first struck Europe in March … Read more

German Government Introduces Significant Amendment of FDI Rules

Germany is continuing to tighten and develop its FDI regime: After various legislative actions in the course of 2020, the German Federal Government agreed on significant amendments of the existing FDI rules which will enter into force with its publication in the Federal Gazette (Bundesanzeiger). During the last year, the German legislator has lowered the thresholds … Read more

FCO opens new proceedings against Facebook

The German FCO has not lost its appetite to take on major tech companies. Today, it has announced that it has initiated abuse proceedings against Facebook to examine the linkage between Oculus virtual reality products and Facebooks’ social network. Read more

Clarification on the application of FRAND in the supply chain – postponed!

The Regional Court of Mannheim delivered its judgment in a much noticed patent infringement case in Germany. The dispute is noteworthy not only because of its economic importance but in particular also because the German Federal Cartel Office (FCO) filed an amicus curiae brief in the dispute, which rarely ever happens, and suggested that the … Read more

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