Max Küttner is an associate at McDermott Will & Emery, based in Dusseldorf. He focuses his practice on antitrust, competition and trade law. He has advised on numerous cross-border M&A transactions from negotiation to the notification at various national/supranational competition authorities. Prior to joining McDermott, Max worked at the UK Competition & Markets Authority where he was a Case Officer on several merger cases across a range of sectors. Max has also worked at international law firms in Germany, Belgium and the UK on competition matters with international dimension. Max is recognized by Legal 500 UK as a notable EU and competition law practitioner.
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On April 26, 2023, the Competition and Markets Authority (CMA) blocked what would otherwise have been the largest deal in the gaming industry to date. The decision highlights several important trends, such as: In dynamic markets, regulators are focusing in on whether a deal harms or could harm (...)
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The European Parliament and Council Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act or “DMA”) entered into force on November 1, 2022 (OJ L 265, 12.10.2022, p. 1). Certain provisions of a preparatory nature apply as from that date. The (...)
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The GCEU upheld the decision of the EC accepting a referral request from France, as joined by other Member States, asking it to assess the proposed acquisition of GRAIL by Illumina (Judgment of July 13, 2022, Case T-227/21, Illumina, Inc; v Commission). Background On September 21, 2020, (...)
20
Summary The CJEU on June 16, 2022, partially annulled a EC decision due to a procedural breach, whilst maintaining the imposed EUR 116 million fine. The CJEU found that the EC’s decision did not give the companies opportunity to rebut all infringements separately. At the same time, the (...)
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In last year’s EU Competition Review, we reported on the draft of the new Vertical Block Exemption Regulation (VBER). On June 1, 2022, the new VBER finally entered into force. At the same time, the EC published a revised version of the accompanying Vertical Guidelines. These two instruments (...)
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On June 27, 2019, the EC imposed two fines totaling EUR 28 million on Canon in the context of its acquisition of Toshiba Medical Systems Corporation (TMSC). The first fine of EUR 14 million was levied for Canon’s failure to notify the EC prior to the implementation of the transaction in (...)
26
At the start of the year, companies offering or considering offering rebates were given further guidance on the limits of such practices. The GCEU’s judgment of January 26, 2022 annulled the EUR 1.06 billion fine against Intel Corporation (Intel) in the 2009 EC decision. The judgment is the (...)
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The EC’s review of Illumina’s acquisition of GRAIL raises two novel issues: the assertion of jurisdiction by the EC over transactions that do not meet any national or EU jurisdictional merger control tests, and the use of interim measures to stop parties closing a transaction where the EC has (...)
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By decision of 20 May 2021, the EC found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) breached EU antitrust rules through the participation of a group of traders in a cartel on the primary and secondary markets for European Government Bonds (...)
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On 25 March 2021, the CJEU dismissed all the appeals brought by Danish pharmaceutical company H. Lundbeck A/S and five generic manufacturers against the judgments of the GCEU, thus upholding a decision of the EC on patent settlement agreements between Lundbeck and five generic manufacturers (...)
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On 18 March 2021, the CJEU ruled on the appeal by Pometon SpA against the GCEU’s judgment in the steel abrasives cartel case. The CJEU ruled that the GCEU had breached the principle of equal treatment when recalculating the EC’s fine imposed on Pometon, the only non-settling party in this (...)
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New German Antitrust Rules: A Positive Move for Compliance Programs* What has changed? On January 19, 2021, new German antitrust rules entered into force under the 10th amendment Act to the Act against Restraints of Competition (ARC) and introduced a number of significant changes. The Act, (...)
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The first case of the Coronavirus (COVID-19) was confirmed in late 2019, and a pandemic was declared by the World Health Organisation in March 2020. Following this declaration, governments worldwide have taken extraordinary measures to combat the effects of the COVID-19 pandemic. Measures are (...)
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Amid the economic shocks caused by the Coronavirus (COVID-19) crisis, many industries are facing reduced demand for their products and services. Other industries—notably healthcare and food—are adjusting rapidly to expanding demand requirements and changing consumption patterns due to (...)
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Competition Case Law Digest 5th Edition - A Synthesis of US, EU and National Leading Cases
