Carsten Grave

• Linklaters LLP

The concurrence of recession and extended length of proceedings has led to a massive increase since 2009 in the number of applications to the European Commission for a reduction of a cartel fine due to an enterprise's "inability to pay." This raises the fundamental question whether the "death penalty" for enterprises should be part of the sanctions...

This paper analyses the merger control instruments available to overcome a crisis of a company and highlights their role in the 2008/09 global financial market crisis. It concludes that the German merger control regime is well equipped to overcome any (further) banking crisis as long as the market structure in the German banking sector virtually ex...

This paper examines the evolution of the use of economics in EC competition policy matters and the reforms in the use of economics that occurred in the latter part of EC Competition Commissioner Mario Monti’s term (1999-2004).

Whilst the Court of First Instance of the European Communities (“CFIâ€Â) had held the Commission accountable for a lack of attention to detail in a number of circumstances, in the European Court of Justice’s (“ECJâ€Â) decision of 15 March 2007 in Case C-95/04 P – British Airways v. Commission (“Decisionâ€Â)...

This article serves two purposes, (i) to introduce “The Comparative Order and its Implementation,†a seminal article published in 1949 by Walter Eucken, ordoliberalism’s, or the “Freiburg School’s,†most prominent scholar, and (ii) to compare some ordoliberalist competition policy recommendations to those of a co...

Without stating that it would be the most important, or even most interesting, topic touched upon by the Draft Remedies Notice, this article will focus on the burden of proof for the effectiveness of remedies proposed by the merging parties.