On May 30, 2017, the Bundeskartellamt (Federal Cartel Office, „FCO“) has published guidelines on remedies in German merger control, also available in an English translation, link here. The very detailed guidelines (87 pages) provide a comprehensive and helpful overview and summary of the FCO’s standing remedies practice, as well as of related jurisprudence. The timing…

Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular media owner, creates no content. Alibaba, the most valuable retailer, has no inventory. And Airbnb, the world’s largest accommodation provider, owns no real estate. Something…

On February 20, 2017, the Federal Cartel Office (“FCO”) has published a brochure outlining its cartel enforcement activities, roughly over the past ten years. The brochure aims at providing an insight into the FCO’s practice combatting cartels, including an overview of the FCO’s investigation proceedings and case studies. The brochure explains the current leniency regime,…

On January 25, 2017, the FCO published its long-awaited draft notice with guidance on resale price maintenance (RPM) related questions in the food retail sector in Germany. The draft is up for public consultation, and interested parties can submit comments by March 20, 2017. It is available on the FCO’s website, including in English, see…

The Act on Combating Unfair Use of Contractual Advantage in Trading in Agricultural and Food Products (the “Act”) will enter into force in the mid-2017. The objective of the Act is to eliminate unfair trade practices between purchasers and producers (suppliers) of agricultural food products at every stage of the supply chain. The new legislation…

The second part of the blog on the FCO’s background paper on “Competition and Consumer Conduct – Conflict or Parallelism between Consumer Protection and Antitrust Law?” covers the interplay between consumer and competition protection and their legal tools in practice, including recent and potential future developments. (For the first part on the general principles please…

The Federal Cartel Office (FCO) held a conference with antitrust experts (professors and judges) on October 6. 2016, on “Competition and Consumer Conduct – Conflict or Parallelism between Consumer protection and Antitrust Law?” As part of the conference, the FCO published a background paper on the same topic, available in German, see http://www.bundeskartellamt.de/DE/UeberUns/Veranstaltungen/ArbeitskreisKartellrecht/arbeitskreiskartellrecht_node.html I. Background…

By Mark Katz, Davies Ward Phillips & Vineberg LLP and Joseph Adler, Hoffer Adler LLP INTRODUCTION The Canadian franchise industry constitutes an important sector of the Canadian economy. The industry employs one in every 35 Canadian, generates approximately CDN$68 billion in revenues, and covers a wide variety of businesses (60% of franchisees are in non-food…

Following the Commission decision in the GE/Alstom case, members of the Chief Economist Team have, on a number of occasions, publicly commented on the bidding analysis undertaken in this case. During these interventions, they have signalled that the analysis undertaken in GE/Alstom represents an important framework for the future competitive assessment of mergers involving bidding…

HERE IS AN ARTICLE BY MY COLLEAGUES ANITA BANICEVIC AND JOHN BODRUG ON A RECENT CASE IN WHICH THE CANADIAN AND U.S. AUTHORITIES REACHED DIFFERENT CONCLUSIONS ON A MERGER BECAUSE OF THE COUNTRIES’ DIFFERENT LEGAL STANDARDS On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation…