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Official Blog of the European Competition and Regulatory Law Review (CoRe)

The CoRe Blog is the interactive online platform for up-to-date analysis of EU competition law developments. It’s the blog companion of the quarterly double blind peer-reviewed European Competition and Regulatory Law Review (CoRe). The CoRe Blog fills in the gaps that a 4-times-a-year journal can’t address: immediate updates and analysis of breaking news in EU competition and regulatory law and the opportunity to discuss these developments directly with other experts through our Comments section.

We want to hear what you think about the hot topics in EU competition and regulatory law. So share your thoughts in the Comments section of every blog post or submit your own post (500-2000 words) as an external author. The author of the most popular blog post in the last quarter will be published in the CoRe journal and get a free copy of an issue of their choice.

 

- Merger Control ×

Opinion of AG Kokott in Case-449/21 (Towercast): filling gaps in EU merger control and creating new routes for dealing with killer acquisitions through the DMA 

Earlier this month AG Kokott delivered an opinion that quickly caught the attention of the (EU) competition law community. It covered a matter which has long been left unaddressed after the introduction of EU (and national) merger control rules, namely the possibility to apply art. 102 TFEU to concentrations.  According to AG Kokott, this possibility, which has been thought to […]

The modernisation of EU merger control

THE MODERNISATION OF EU MERGER CONTROL The long-awaited judgment in the Illumina/Grail art. 22 EUMR dispute was announced on 13 July 2022. The General Court confirmed that the European Commission has the power to decide on a merger, referred to it by a Member State, that does not meet the EU thresholds nor was it notified nationally. What follows is […]

The Commission’s Article 22 EUMR Guidance: catching killer acquisitions through the merger referral procedure?

Over the past five years, the EU’s merger control regime has been hotly debated. The main concern driving the debate has been the intensive acquisition activity in the tech and pharmaceutical sectors. However, many of those acquisitions escape the jurisdictional thresholds of the EU Merger Regulation (EUMR) and therefore cannot be reviewed by the European Commission (EC). On 26 March […]

“Three Great Mountains” for the Chinese State-Owned Investments in the European Union

In April of 1948, Chairman Mao Zedong in his speech to a conference of political cadres mentioned the “three great mountains” that need to be overcome by the revolutionary forces: imperialism, feudalism and crony capitalism. The commentators of the current affairs argued that the current Chinese leadership is facing the “three great mountains” of pandemic containment, post-pandemic economic recovery and […]

Covid-19 and the geopolitics of the Herfindahl-Hirschman Index

The Covid-19 pandemic has revealed that trade is not a free flow whose tap globalization has turned on for good: export may be restricted due to unavailability and, as in the case of import, as part of foreign policy. What emerged as a discontinuity with the globalization of the last three decades makes the assessment of a market structure more […]

Two hats on one head: Competition authorities and FDI screening

The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was preceded by the heated discussion on the need to reform the EU merger control framework, which according to some stakeholders, should be able […]

Hitting the mark or setting the bar too high? The “merger gap” and prospective analysis in the aftermath of CK Hutchison/Telefónica

by Miguel Marques de Carvalho and Virgílio Pereira On 28 may 2020, the General Court (“GC”) handed down a landmark judgment whereby it overturned the European Commission’s (“Commission”) decision which had prohibited the four-to-three acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). This blogpost provides an overview  of the main points raised by the ruling and offers some […]

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence

The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light of the […]

Minority acquisition headed for first prohibition in Norway

By Marianne Henne Møller and Simen Klevstrand, Haavind (Norway) The Norwegian Competition Authority (the “NCA”) has warned Sector Alarm Group AS that its acquisition of a non-controlling stake in a competitor may be blocked. Unless the parties are able to resolve the NCA’s concerns by 29 March, they face the first prohibition of a minority acquisition under Norway’s 2004 Competition […]

The Siemens-Alstom merger-thriller – indicator of a new era for European champions?

The proposed Siemens-Alstom merger (Case M.8677) has kept many parties on their toes since it was notified in June 2018, from the parties themselves to the EU Commission and even to national governments. With the recent remedies offered by the parties to secure clearance of the merger allegedly unofficially rejected today, there is little hope left the merger will go through now. […]
Anja Naumann

Blog Editor

LL.M., PhD, currently legal trainee at the Higher Regional Court of Berlin.

>> Anja’s CoRe Blog posts >>

Daniel Mandrescu

Blog editor

Ph.D. Fellow, Europa Institute, Leiden University

>> Daniel’s CoRe blog posts >>

Friso Bostoen

Blog Editor

Postdoctoral Researcher, KU Leuven

>> Friso’s CoRe Blog posts >>

Picture Rita Paukste
Rita Paukste

Former Blog Editor

Senior Associate, Motieka & Audzevicius PLP, Vilnius

>> Rita’s CoRe Blog posts >>

- Merger Control ×

Opinion of AG Kokott in Case-449/21 (Towercast): filling gaps in EU merger control and creating new routes for dealing with killer acquisitions through the DMA 

Earlier this month AG Kokott delivered an opinion that quickly caught the attention of the (EU) competition law community. It covered a matter which has long been left unaddressed after the introduction of EU (and national) merger control rules, namely the possibility to apply art. 102 TFEU to concentrations.  According to AG Kokott, this possibility, which has been thought to […]

The modernisation of EU merger control

THE MODERNISATION OF EU MERGER CONTROL The long-awaited judgment in the Illumina/Grail art. 22 EUMR dispute was announced on 13 July 2022. The General Court confirmed that the European Commission has the power to decide on a merger, referred to it by a Member State, that does not meet the EU thresholds nor was it notified nationally. What follows is […]

The Commission’s Article 22 EUMR Guidance: catching killer acquisitions through the merger referral procedure?

Over the past five years, the EU’s merger control regime has been hotly debated. The main concern driving the debate has been the intensive acquisition activity in the tech and pharmaceutical sectors. However, many of those acquisitions escape the jurisdictional thresholds of the EU Merger Regulation (EUMR) and therefore cannot be reviewed by the European Commission (EC). On 26 March […]

“Three Great Mountains” for the Chinese State-Owned Investments in the European Union

In April of 1948, Chairman Mao Zedong in his speech to a conference of political cadres mentioned the “three great mountains” that need to be overcome by the revolutionary forces: imperialism, feudalism and crony capitalism. The commentators of the current affairs argued that the current Chinese leadership is facing the “three great mountains” of pandemic containment, post-pandemic economic recovery and […]

Covid-19 and the geopolitics of the Herfindahl-Hirschman Index

The Covid-19 pandemic has revealed that trade is not a free flow whose tap globalization has turned on for good: export may be restricted due to unavailability and, as in the case of import, as part of foreign policy. What emerged as a discontinuity with the globalization of the last three decades makes the assessment of a market structure more […]

Two hats on one head: Competition authorities and FDI screening

The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was preceded by the heated discussion on the need to reform the EU merger control framework, which according to some stakeholders, should be able […]

Hitting the mark or setting the bar too high? The “merger gap” and prospective analysis in the aftermath of CK Hutchison/Telefónica

by Miguel Marques de Carvalho and Virgílio Pereira On 28 may 2020, the General Court (“GC”) handed down a landmark judgment whereby it overturned the European Commission’s (“Commission”) decision which had prohibited the four-to-three acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). This blogpost provides an overview  of the main points raised by the ruling and offers some […]

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence

The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light of the […]

Minority acquisition headed for first prohibition in Norway

By Marianne Henne Møller and Simen Klevstrand, Haavind (Norway) The Norwegian Competition Authority (the “NCA”) has warned Sector Alarm Group AS that its acquisition of a non-controlling stake in a competitor may be blocked. Unless the parties are able to resolve the NCA’s concerns by 29 March, they face the first prohibition of a minority acquisition under Norway’s 2004 Competition […]

The Siemens-Alstom merger-thriller – indicator of a new era for European champions?

The proposed Siemens-Alstom merger (Case M.8677) has kept many parties on their toes since it was notified in June 2018, from the parties themselves to the EU Commission and even to national governments. With the recent remedies offered by the parties to secure clearance of the merger allegedly unofficially rejected today, there is little hope left the merger will go through now. […]

- Merger Control ×

Opinion of AG Kokott in Case-449/21 (Towercast): filling gaps in EU merger control and creating new routes for dealing with killer acquisitions through the DMA 

Earlier this month AG Kokott delivered an opinion that quickly caught the attention of the (EU) competition law community. It covered a matter which has long been left unaddressed after the introduction of EU (and national) merger control rules, namely the possibility to apply art. 102 TFEU to concentrations.  According to AG Kokott, this possibility, which has been thought to […]

The modernisation of EU merger control

THE MODERNISATION OF EU MERGER CONTROL The long-awaited judgment in the Illumina/Grail art. 22 EUMR dispute was announced on 13 July 2022. The General Court confirmed that the European Commission has the power to decide on a merger, referred to it by a Member State, that does not meet the EU thresholds nor was it notified nationally. What follows is […]

The Commission’s Article 22 EUMR Guidance: catching killer acquisitions through the merger referral procedure?

Over the past five years, the EU’s merger control regime has been hotly debated. The main concern driving the debate has been the intensive acquisition activity in the tech and pharmaceutical sectors. However, many of those acquisitions escape the jurisdictional thresholds of the EU Merger Regulation (EUMR) and therefore cannot be reviewed by the European Commission (EC). On 26 March […]

“Three Great Mountains” for the Chinese State-Owned Investments in the European Union

In April of 1948, Chairman Mao Zedong in his speech to a conference of political cadres mentioned the “three great mountains” that need to be overcome by the revolutionary forces: imperialism, feudalism and crony capitalism. The commentators of the current affairs argued that the current Chinese leadership is facing the “three great mountains” of pandemic containment, post-pandemic economic recovery and […]

Covid-19 and the geopolitics of the Herfindahl-Hirschman Index

The Covid-19 pandemic has revealed that trade is not a free flow whose tap globalization has turned on for good: export may be restricted due to unavailability and, as in the case of import, as part of foreign policy. What emerged as a discontinuity with the globalization of the last three decades makes the assessment of a market structure more […]

Two hats on one head: Competition authorities and FDI screening

The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was preceded by the heated discussion on the need to reform the EU merger control framework, which according to some stakeholders, should be able […]

Hitting the mark or setting the bar too high? The “merger gap” and prospective analysis in the aftermath of CK Hutchison/Telefónica

by Miguel Marques de Carvalho and Virgílio Pereira On 28 may 2020, the General Court (“GC”) handed down a landmark judgment whereby it overturned the European Commission’s (“Commission”) decision which had prohibited the four-to-three acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). This blogpost provides an overview  of the main points raised by the ruling and offers some […]

Amazon/Deliveroo: Dynamic Counterfactual Analysis and the Failing-Firm Defence

The economic and financial impact of the Covid-19 pandemic foreshadows an increase in the number of deals where the so-called “failing-firm defence” (“FFD”) might come under discussion, as recently demonstrated by the provisional clearance of Amazon’s investment in Deliveroo by the Competition and Markets Authority (“CMA”). This blogpost addresses the interplay between the FFD and dynamic counterfactual analysis, in light of the […]

Minority acquisition headed for first prohibition in Norway

By Marianne Henne Møller and Simen Klevstrand, Haavind (Norway) The Norwegian Competition Authority (the “NCA”) has warned Sector Alarm Group AS that its acquisition of a non-controlling stake in a competitor may be blocked. Unless the parties are able to resolve the NCA’s concerns by 29 March, they face the first prohibition of a minority acquisition under Norway’s 2004 Competition […]

The Siemens-Alstom merger-thriller – indicator of a new era for European champions?

The proposed Siemens-Alstom merger (Case M.8677) has kept many parties on their toes since it was notified in June 2018, from the parties themselves to the EU Commission and even to national governments. With the recent remedies offered by the parties to secure clearance of the merger allegedly unofficially rejected today, there is little hope left the merger will go through now. […]

Do you want to share your analysis of a competition or regulatory law topic with the readers of the CoRe Blog? We invite you to submit your post on, for example: recent European, national or international judgments or legislation with relevance to EU competition law; new developments, publications, hot topics in EU competition law. The recommended length of the post is 500-2,000 words incl. references (endnotes). Your analysis will be published under the category ‘Feature’.

Here’s how you can publish a post on the CoRe Blog as a guest author:

Step 1: Submit your draft post as a Word file to coreblog[at]lexxion.eu.

Step 2: The CoRe Blog editors will review your draft to make sure its content and quality fit the blog. If needed, they will suggest what improvements you should make.

Step 3: Once your draft has been finalized and accepted, the editors will send you link to register and log-in to the CoRe Blog as guest author.

Step 4: Once you have logged-in to the blog, you can upload and publish your post.

Step 5: Enjoy the fame!

Note: If you want to write on a topic related to EU State aid law, please make the post on Lexxion’s dedicated blog State Aid Hub.

 

Gastbeitrag einreichen

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