BLOMSTEIN hat gemeinsam mit lindenpartners den in Europa führenden CLM-Anbieter DiliTrust bei dessen Akquisition des Legal-Tech Start-ups PACTA unterstützt. Das BLOMSTEIN-Team um Roland Stein und Anna Huttenlauch hat bei dieser Transaktion zu investitions- und fusionskontrollrechtlichen Aspekten beraten.

Der sich abzeichnende Handelskrieg zwischen China und den USA wird auch Auswirkungen auf Unternehmen in der EU haben. Eine Folge könnte die Überschwemmung des europäischen Marktes mit stark subventionierten Produkten aus China sein – gerade im Bereich der Medizinprodukte ist dies nicht unwahrscheinlich. Einer solchen Entwicklung sind europäische Unternehmen jedoch nicht schutzlos ausgeliefert.

With the start of 2025, the European Union has entered a new phase of technology regulation. Over the recent past, AI competition policy has already undergone significant shifts, with increased scrutiny on Big Tech investments, ‘acqui-hires’ being treated as mergers, and growing concerns over algorithmic collusion. This is the scene that Teresa Ribera has stepped foot on as the EU's new competition chief. She has inherited a regulatory framework built on robust AI oversight from her predecessor Margrethe Vestager. However, given that her mandate is broader than just competition enforcement and now includes the ambitious goals of the European Green Deal, the crucial question is: How will Commissioner Ribera's blend of competition oversight and environmental vision shape Europe's AI industry?

Am 23. Februar 2025 stehen in Deutschland Neuwahlen an. Vor dem Hintergrund der multiplen internationalen Herausforderungen ist ein wesentliches Thema auch die nationale Sicherheit und Verteidigung. Dieses Briefing gibt einen Überblick über die Inhalte der Wahlprogramme der wichtigsten Parteien zu den Themen Bundeswehr, der Finanzierung derselben und zur Verteidigungsindustrie.

The European economy is under mounting pressure from China's rapid technological advances and industrial policy, trade uncertainties linked to the new Trump administration in the USA, and growing geopolitical instability, which impact the competitive landscape in several global markets and increase disruption risks in supply chains. In this challenging economic and political climate, enhancing the competitiveness of European businesses and reinforcing the resilience of the Single Market have become key political priorities, as outlined in the European Council's Budapest Declaration on the New European Competitiveness Deal.

The Foreign Subsidies Regulation’s (FSR) concentration and public procurement tool came into force one year ago in October 2023. Its first year of application has shown that the European Commission is determined to make use of its new tools to tackle third-country subsidies distorting competition in the EU internal market. In this briefing, we provide an overview of the most important FSR rules and the lessons learned from their first application.

Empty supermarket shelves are an image German consumers have become quite used to over the recent years. Haribo gummy bears were no longer for sale at Lidl for a while, Dr. Oetker's pizza could not be shopped in Kaufland freezers and Mars stopped delivering EDEKA for a long time. It seems that increasing costs, e.g. for energy, transportation, production, have translated into price fights between manufacturers facing increased production costs on the one side, and retailers on the other, who try to keep price raises at bay knowing the hardship of passing them on to end consumers. What is interesting from a competition law perspective is that a number of these conflicts not only gained fairly high press attention but were even escalated to civil courts, where competition law arguments played a core role.

In the world of high-stakes mergers and acquisitions, even the best-laid plans can falter. Just ask Illumina and GRAIL, who recently found themselves at the center of an unprecedented European Commission fine—EUR 432 million, no less—for allegedly “jumping the gun.” While the Commission decision was later annulled by the European Court of Justice (CJEU) on jurisdictional grounds, the case underscores a critical lesson for businesses: the risks of prematurely implementing a transaction before securing the necessary clearances are all too real. As companies venture into the German market, navigating both merger control and foreign direct investment (FDI) rules becomes even more complex. Knowing where to draw the line between preparation and premature action is essential. The stakes are high, and compliance with these frameworks is crucial to avoid costly penalties and safeguard the successful completion of M&A transactions.

The rise of digital business models has reshaped retail landscapes worldwide, fostering significant consolidation within various markets. Online platforms and e-commerce giants such as Amazon, Temu and Alibaba have leveraged their vast resources, extensive reach, and sophisticated data analytics to dominate market segments, often at the expense of smaller players. This consolidation trend poses significant challenges for small and medium-sized enterprises (SMEs) seeking to compete. SMEs, typically lacking the scale and technological infrastructure of their larger competitors, struggle to effectively navigate the competitive pressures imposed by digital giants. In addition, the advertising spend required to be only nearly as visible as the large rivals’ offerings among Google search results, is out of reach for many of these smaller players. Limited access to capital, constrained marketing budgets, and difficulties in adapting to rapidly evolving digital trends further exacerbate their challenges. As a result, SMEs face an uphill battle in maintaining market relevance and sustaining profitability.

Getting a free ride is not always easy and can be a long and bumpy journey. The recent judgment in the Booking.com case is a testament to this. Below, we summarize the twists and turns of this landmark case.