As part of our response to the European Commission’s consultation on possible reforms to its merger control guidelines,[1] we provided our views on Topic C – Innovation And Other Dynamic Elements In Merger Control.
German Court Reaffirms That Transaction Value-Based Test Is Only a Backstop
The Düsseldorf Court of Appeals (“DCA”) has now published its full reasoning rejecting the Federal Cartel Office’s (“FCO”) expansive interpretation
Lufthansa/ITA: A New Era of Stringent Airline Merger Remedies
On July 3, 2024, the Commission conditionally approved Deutsche Lufthansa AG’s (“Lufthansa”) and the Italian Ministry of Economy and Finance’s (“MEF”) joint control of ITA Airways (“ITA”). [1] The approval is contingent upon full compliance with the commitments.
Clear for Takeoff: Commission Approves Korean Air/Asian Merger with a Slot Remedy Twist
On February 13, 2024, the European Commission approved the acquisition of Asiana Airlines by Korean Air Lines (“Korean Air”),[1] following an in-depth Phase II probe and extensive remedy discussions.
General Court Rejects ByteDance’s Application for Interim Measures
On February 9, 2024, the General Court[1] dismissed an application from ByteDance Ltd (“ByteDance”), the parent company of social media platform TikTok, to suspend the Commission decision[2] designating ByteDance as a “gatekeeper” under the Digital Markets Act (“DMA”).[3] ByteDance had argued that compliance with the restrictions on combining data between services (Article 5(2) DMA) and the obligation to provide the Commission with an “independently audited description” of TikTok’s profiling techniques (Article 15 DMA), would lead to serious and irreparable harm.[4] The General Court found that ByteDance had failed to establish such harm to the requisite standard. While the General Court order offers little insight into the substantive debate on the scope of the DMA, it showcases the hurdles gatekeepers have to overcome to seek interim relief from the DMA before the European Courts.