In this episode of Competition+, we take a closer look at the European Commission’s review of the EU Merger Guidelines – rules that explain how mergers are assessed under EU competition law. With the current guidelines dating back around 20 years, the Commission is seeking to modernise its approach considering evolving markets, enforcement trends and case law.

The discussion delves into key areas under consultation:

• Assessing market power, including a potential shift away from traditional safe harbors;
• Innovation, with a focus on predicting when deals might stifle or stimulate R&D;
• Sustainability, and whether merger control can support the green transition;
• Digitalisation, and the need for new theories of harm to address rapidly evolving, data-driven markets.

Tune in to hear what these changes could mean for businesses, dealmakers, and the future of merger control in the EU.

Labour markets have been under intense scrutiny lately with both the European Commission and national competition authorities in the EU looking into various forms of anti-competitive agreements affecting labour markets.

In this episode of Competition+ we dive into the complex world of no-poach agreements, which are essentially arrangements between companies not to hire or solicit each other's employees. We break down what these agreements entail and how they differ from other legal arrangements (such as non-compete and non-solicitation agreements), the various forms they can take, and how they often surface in practice.

Employers should be aware that competition authorities often view no-poach agreements as anti-competitive. Such agreements can carry significant risks for the company and, sometimes, for its legal representatives. It is essential to understand the limits within which employers can pursue legitimate business decisions in relation to their employees. We wrap up with actionable tips for employers and HR professionals to avoid illegal conduct and mitigate legal risks in today’s evolving environment of antitrust enforcement.

Dawn raids are an evergreen in the world of competition law. EU competition authorities use this powerful investigative tool to uncover cartels. A dawn raid is also a process in which the inspectors are more experienced and the staff under extreme pressure. It can lead to costly mistakes as the authorities protect their investigative powers by imposing hefty fines for non-cooperation.

In the first episode of the Competition+ podcast, we discuss how to avoid making mistakes during a dawn raid that can severely damage a company.

As competition authorities nowadays focus their efforts on collecting electronic evidence, we give examples of mistakes that various companies have made when providing inspectors with electronic communications from their employees. We discuss recent cases from the European Commission as well as Member State practice (Germany and Poland) and summarise what companies can do to better protect themselves.

Stay tuned for the next episodes!