Caglagül Koz

Introduction In a pivotal development, Advocate General (AG) Nicholas Emiliou has delivered a critical opinion on the European Commission’s (EC) strategy for reviewing potential “killer acquisitions” that may otherwise evade formal scrutiny. The EC changed its approach to Article 22 of the EU Merger Regulation 139/2004 (EUMR, Merger Regulation) back in 2021, when it also issued guidelines on the new referral policy.

On 21 December 2023, the Court of Justice of the European Union (CJEU) rendered its judgment in the case of the European Superleague Company, a case that attracted significant attention beyond the circle of competition lawyers. On the same day, the Court delivered its judgment in the less prominent ISU case. Both cases concern international sports associations that impose restrictions on their members wishing to organize or join competitions held by other associations.

Introduction Who are your competitors? Are you likely to get a merger through? Can your commercial agreements benefit from some of the available block exemptions? Are you in a dominant position? You certainly have your own answers to these questions, but the European Commission (EC) may disagree with you.