A blog about competition law and policy
The ADNOC / Covestro commitments suggest that the European Commission is willing to apply the Foreign Subsidies Regulation creatively to design remedies that 'balance out' rather than eliminate the negative effects of a distortive foreign subsidy where doing so will secure investment and advance the EU's wider policy objectives.
The CMA's consultation on its revised merger remedies guidance, published on 16 October 2025, confirms a more flexible approach to remedies including in Phase 1 - a trend already seen in recent CMA decisions.
Do the fundamental rights to the protection of private life (Article 7 of the Charter[1]) and of personal data (Article 8 of the Charter[2]) preclude competition authorities from seizing professional emails during inspections without prior judicial authorisation? This is the question addressed by Advocate General (“AG”) Medina in her Opinions of 20 June 2024[3] (“First … Continue reading Balancing Fundamental Rights and Antitrust Enforcement: AG Medina’s Opinions on Email Seizures in IMI/Synlabhealth II
On 15 October, the General Court (“GC”) rejected Red Bull’s appeal against the European Commission (“EC”) dawn raid decision, in a case triggered by an informal complaint from Red Bull’s competitor, Monster Energy. In summary, the GC found that: The decision was sufficiently reasoned, and in particular contained a clear description of the alleged infringement … Continue reading Bulls vs Monsters: The General Court rejects Red Bull’s appeal against the Commission’s dawn raid decision
This month, the Belgian Competition Authority (BCA) published guidance on information exchange between pharmaceutical companies in the context of the reimbursement application procedure for combination therapies. This follows a prioritisation statement adopted by the UK Competition and Markets Authority (CMA) in 2023 on the same issue and long-standing demands from the Belgian pharmaceutical industry.[1] In … Continue reading Combination Therapies in Pharma – Removing the Antitrust Roadblock
By Dr Beverley Williamson From time to time, the Thicket blog invites guest bloggers to write about a topic that is close to their heart. Geradin Partners is pleased to give the floor to friend of the blog Dr Bev Williamson who is an expert in the application of competition law in the sports industry. … Continue reading Private Equity and Common Ownership in Professional Rugby: Applying the Delivery Hero Standard
Introduction Private damages actions are now firmly established as a key tool of EU competition law enforcement. As regularly asserted by the Court of Justice of the European Union (“CJEU” or the “Court”), damages actions are not only about compensating victims of antitrust infringements, but also about deterring anticompetitive conduct to preserve effective competition in … Continue reading Nissan Iberia (C-21/24): The Clock for Damages Actions Only Starts Ticking Once the National Competition Authority’s Decision is Final
For claimants in competition cases, timing can be everything. Access to a key supplier, data feed, or distribution channel can make or break a business—especially for smaller players going up against incumbents. In the Competition Appeal Tribunal (CAT), two mechanisms are particularly relevant when urgent intervention is needed: interim injunctions and the Fast-Track Procedure (FTP). … Continue reading Fast but fair? interim injunctions and the fast-track procedure in the Competition Appeal Tribunal
The CAT’s liability judgment in the Umbrella Interchange Fee case is not for the faint of heart. The former CAT President’s reasoning spans to around 170 pages and, as is often the case, contains passages of lucidity, some withering attacks on arguments he dislikes and also the occasional digression. Perhaps the most interesting issue for … Continue reading Applying Occam’s razor to the question of whether MIFs are by object infringements. Are we already starting to see UK diverge from Europe on what should go in the object box?
Ships Waste Oil Collector B.V. and Others v The Netherlands, Joined cases 2799/16, 2800/16, 3124/16 and 3205/16, Judgment of the ECHR Grand Chamber of 01/04/2025 Just as fishing inevitably results in bycatch, law enforcement wiretaps often capture information unrelated to the original investigation. This incidental data can raise complex legal questions—especially when it reveals evidence … Continue reading Strasbourg calling – ECHR majority CLEARS Competition Wiretap Case (But mind the dissenters)