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Francisco Marcos (IE Law School)

From Public Enforcement to Private Enforcement: Is Information Getting Lost Along the Way?

August 31, 2026

On 17 August 2026, the Official Journal published notice of an action brought before the General Court by Creditell GmbH against the European Commission (T-397/26). The case concerns two apparently…

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Kasia Czapracka (White & Case, Belgium)

Merging for Competitiveness: Scale, Resilience, and the Promise of a Theory of Benefit in EU Merger Review

August 28, 2026

The assessment of efficiencies has been among the most contested topics in the review of the European Commission’s Merger Guidelines. Under the existing framework, efficiency claims have proved…

beach and computer by Tima Miroshnichenko - available in Pexels.com

Alba Ribera Martínez (VU Amsterdam, The Netherlands), Barbara Justen (University of Vienna), Eva Fischer, Lena Hornkohl (University of Vienna, Austria), João Otávio Bacchi Gutinieki (Univ. of São Paulo, Brazil & Univ. of Vienna, Austria), Nils Imgarten (University of Göttingen, Germany), Peter Citron (White & Case, Belgium)

Summer Break and Summer Treat

August 5, 2026

During August, the Kluwer Competition Law Blog will be taking a summer break. We will resume publishing on 1 September 2026. In the meantime, we will continue to welcome submissions so that we can…

World map by Monstera Production - available in Pexels.com

Cedric Ryngaert (University of Utrecht), Lena Hornkohl (University of Vienna, Austria)

How Far Is Too Far? Seagate v. NHK Spring and the Extraterritorial Reach of US Antitrust Law

August 4, 2026

The extraterritorial application of US antitrust law has long generated tension between effective enforcement and respect for the regulatory autonomy of foreign states. This blog post examines that…

Oranges by Waqas ilyas - available in Pexels.com

João Otávio Bacchi Gutinieki (Univ. of São Paulo, Brazil & Univ. of Vienna, Austria)

Lost in Translation: Cease-and-Desist Agreements and Private Enforcement in Brazil

August 1, 2026

The private enforcement of competition law in Brazil is intriguing. While legislation has clearly provided for compensation for damages resulting from anticompetitive practices since the 1990s, basic…

Berlim by Emre Ozyemisci - Available in Pexels.com

Eduardo Silva de Freitas (Asser Institute), Lena Hornkohl (University of Vienna, Austria)

Fact-checking the German Chamber of Commerce and Industry’s (DIHK) position statement on ‘Collective Enforcement of Rights: Limiting Strategic Lawsuits and Regulating Litigation Funding’

July 31, 2026

Antitrust (collective) actions are expensive, which means that third-party funding is necessary for consumers and qualified entities seeking compensation for harm caused by infringements of…

São Paulo by fabianoshow4 - available at pexels.com

Bruno Becker, Stephanie Penereiro, João Pedro Serafin (Berardo Lilla Advogados)

When Does a Foreign-to-Foreign Deal Trigger a Brazilian Filing? CADE Draws the Line

July 30, 2026

BackgroundBrazilian merger control has no express de minimis exception for foreign-to-foreign transactions. In 2026, CADE tested – and ultimately rejected – an attempt to create one through case…