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Florian von Schreitter , Anne-Kathrin Lauer  (Hogan Lovells)
Hire And Higher? Employee Recruitment And German Merger Control
May 06, 2025

Merger control has long been a cornerstone of competition enforcement in Germany, with the Federal Cartel Office (“FCO”) known for wielding its mandate decisively and not shying away from blocking…

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Björn Christian Becker  (Humboldt-University of Berlin) , Florian Bien , Toker Doganoglu  (University of Würzburg)
Microsoft/Inflection: Direct Hiring as a New Challenge for Merger Control
March 25, 2025

Acqui-hiring—a fusion of the words acquisition and hiring—refers to the practice of larger companies acquiring start-ups with the primary goal of integrating the employees of the startup to their own…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
Additional Data Protection Rules for Thee But Not for Me - Bundeskartellamt Sends S/O to Apple in App Tracking Case
February 27, 2025

Introduction On February 13, 2025, the Bundeskartellamt (Federal Cartel Office, “FCO”) sent its statement of objections to Apple regarding the App Tracking Transparency Framework (“ATTF”), setting…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
Main Developments in Competition Law and Policy 2024 - Germany
February 13, 2025

The following is a selection of some important developments in German competition law and policy in 2024.  It covers the latest legislative changes for hospital mergers, cases under special rules for…

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Tabea Bauermeister  (Universität Regensburg)
EU Competition Law, the Assignment Model and why Roundwood is (partially) on the Wrong Track
December 13, 2024

The term “Assignment Model” refers to a mechanism of bundling damage claims. It is not a statutory instrument, but in some Member States, such as Germany, it is possible as a workaround. The…

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Philipp Schliffke  (Oxera Consulting LLP)
Cartel Damages Without Economic Experts? The Implications of the German Federal Supreme Court Decisions Trucks III & IV
November 01, 2024

Introduction Cartel damages proceedings are a highly interdisciplinary endeavour between lawyers and economists in many jurisdictions, including Germany. Lawyers and courts in such proceedings must,…

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Nils Imgarten  (University of Göttingen, Germany)
Collective Private Enforcement Clashes with German Laws on the Regulation of Legal Services: AG Szpunar’s Opinion in C-253/23 - ASG 2
September 25, 2024

Introduction Last week, Advocate General Maciej Szpunar delivered his Opinion in case C-253/23, a preliminary reference that stems from a form of collective private enforcement of competition law in…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
German Federal Court of Justice Confirms Amazon as Gatekeeper Under National Competition Law
September 13, 2024

On April 24, 2024, the German Federal Court of Justice (FCJ) rejected Amazon’s appeal against the decision of the Federal Cartel Office (FCO) of July 2022, designating Amazon as a gatekeeper under…

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Edmund James Melzer  (Clifford Chance)
Disclosure of Trade and Business Secrets in German Antitrust Investigations – Federal Court of Justice rules on the Role of Interested Parties as a new Friend to the Federal Cartel Office
August 20, 2024

Executive Summary On 20 February 2024, the German Federal Court of Justice ("FCJ") ruled on the disclosure of trade secrets in antitrust proceedings. The underlying case (File No. KVB 69/23)…

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Fabian Badtke , Lorenz Jarass  (Noerr)
First Second Phase Proceedings under the Transaction Value Threshold in Germany
July 08, 2024

In its decision of 17 June 2024, the German Federal Cartel Office (FCO) has cleared the takeover of Olink Holding AB (publ), Sweden (“Olink”) by Thermo Fisher Scientific Inc., USA (“Thermo Fisher”)…

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