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Crystal ball gazing into prospective innovation rat races when assessing vertical mergers may soon be all in a day’s work for the European Commission. Innovation was a recurring theme in the Commission’s handling of the Illumina/Grail deal.

The AEC test has likely assumed mythic status at the European Commission with the EU courts striking down its AEC analysis for a third time. Nevertheless, the Commission seems on the right track to tackling abuse of dominance in the digital sector.

The ACM’s push for companies to come forward for an antitrust blessing of their sustainability solutions is paying off. The ACM has again given informal guidance to companies wishing to make sustainability agreements.

Financial institutions and third party ICT providers will have to strengthen their IT security organisations, as the European Digital Operational Resilience Act is expected to be fully applicable in early 2025 after a two-year implementation period.

Companies involved in intended or completed M&A transactions falling below EU and national merger notification thresholds should beware that their deals may still catch the European Commission’s eye.

In a  decision dated 14 July 2020, the Belgian DPA imposed a record administrative fine of 600.000 EUR against Google Belgium for non-compliance with the GDPR.

On 9 July 2020, the CJEU clarified the scope of the right of information in the context of IP rights infringement proceedings.

The Court of Justice of the European Union (CJEU) has just declared the Privacy Shield Decision invalid, in its entirety.

On 9 July 2020, the Grand Chamber of the CJEU ruled on the interpretation of Article 3(d) of Regulation 469/2009 concerning the supplementary protection certificate (CCP) for medicinal products.