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Gönül Nur Mingsar  (Leiden University)
Bridging the 'Regulatory Gap' in EU Merger Control with Towercast (C-449/21) - A Comparison Between the Member States
November 16, 2022

The impressive acceleration in mergers and acquisitions, combined with the promotion of disruptive business strategies, has put the ‘regulatory gap’[1] paradox at the heart of the current European…

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Mustafa Ayna , Özlem Başıböyük Coşkun  (ACTECON) , Arda Diler  (ACTECON) , Naz Çerçioğlu  (ACTECON)
Dawn Raids in Turkey - Can Companies Avoid Responsibility by Asserting Subjective Grounds for the Deleted Data During On-site Inspections?
November 15, 2022

The Turkish Competition Authority (TCA) has rendered a number of decisions, particularly in recent years, on whether on-site inspections have been hindered or complicated. These include two recent…

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Marcel Meinhardt  (Lenz & Staehelin) , Claudia Walz  (Lenz & Staehelin)
New Agreement Boosts Cooperation Between Swiss and German Competition Authorities
November 10, 2022

New Cooperation Agreement On November 1, 2022, Switzerland and Germany signed an administrative agreement on cooperation between their competition authorities ("Agreement"). The Agreement is expected…

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Marcos Araujo Boyd  (Universidad CEU San Pablo)
Patent Litigation as a Form of Abuse - The Spanish Decision Against MSD
November 02, 2022

On 21 October 2022 the Spanish CNMC imposed a fine of 38.9 million EUR on MERCK SHARP & DOHME DE ESPAÑA, S.A. and its parent company MSD HUMAN HEALTH HOLDING, B.V. (hereafter jointly ‘MSD’) for…

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Mark Powell  (White & Case) , Kasia Czapracka , Cornelius Börner  (White & Case) , Tilman Kuhn , Jérémie Jourdan  (White & Case) , Peter Citron  (White & Case, Belgium)
ECJ Advocate General Recommends Setting Aside the CK Telecoms Judgment and Endorsing the European Commission’s Established Approach to Reviewing Mergers in Oligopolistic Markets
October 31, 2022

Advocate General Kokott has found [1] that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the…

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Till Steinvorth  (Noerr LLP)
European Commission Changes its Policy on Providing Guidance on Questions of Competition Law
October 26, 2022

Background In 2004, the European Union modernised the rules and procedures that govern the enforcement of its competition law. The entry into force of Council Regulation (EC) No 1/2003 on 1…

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Bahadir Balki , Nabi Can Acar  (ACTECON) , Helin Yüksel , Mehmet Mikail Demir , Seda Eliri  (ACTECON) , Erdem Aktekin  (ACTECON)
A New Age for Digital Markets in Turkey? The Draft Amendment to the Law No. 4054 on the Protection of Competition
October 25, 2022

Introduction This blog post will give an overview of the draft amendment (the “Draft Amendment”) to Law No. 4054 on the Protection of Competition (the “Law No. 4054”). The key points of the Draft…

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Jérémie Jourdan , Tilman Kuhn , Katarzyna Czapracka  (White & Case) , Assimakis Komninos  (White & Case) , Strati Sakellariou-Witt , Jérémie Marthan , Nina Frie  (White & Case)
ECJ Advocate General Opines That Non-Reportable Transactions Could Be Caught By Abuse of Dominance Rules
October 21, 2022

Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not…

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Eva Fischer  (LMU Munich)
MOL (C-425/22) - The "Undertaking" (Art. 101, 102 TFEU) As An Applicant: New Forum Shopping in Competition Law?
October 20, 2022

In the MOL (C-425/22) case, the Hungarian court requests a preliminary ruling on whether the concept of an economic unit can be applied on the applicant’s side. This would allow to establish the…

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Antonio Davola  (University of Bari Aldo Moro, Italy)
The Digital Services Act, Published: A Good Start And - Yet - Just A Start
October 19, 2022

The Digital Services Act: a primer Following its adoption by the Council on October 4, the final version of the Digital Services Act (DSA) has been approved and will be published in the Official…

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