Around two years after the 11th Amendment of the German Act Against Restraints of Competition (ARC) came into force, the Federal Ministry of Economic Affairs and Energy (Ministry) published a proposal for a 12th revision of the law (the Draft Bill).[1] The Draft Bill seeks to implement the coalition agreement of the German government
According to President Trump, “Tariff is the most beautiful word in the dictionary.” Throughout his presidential campaign, Trump promised to use tariffs as a central part of his foreign policy strategy. His America First Trade Policy memorandum also directs the administration to review various tariff- and tariff-adjacent levers the United States could use to further
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Bjarne Tellmann, CEO of FjordStream Advisors and author of Law in the Era of AI: Clients, Firms, and the Future of the Legal Industry. Their conversation covers a wide array of topics, including innovation and digital transformation in the
On February 18, 2026, following an ex officio investigation launched in July 2024,[1] the French Competition Authority (the “FCA”) issued its Opinion No. 26-A-02 (the “Opinion”) on competition in the online video content creation sector in France.[2] The Opinion identifies several areas of concern in the sector, including creators’ dependence on a small
According to the German Ministry of Economics, the “German Gatekeeper Rule”[1] has proven to be an effective means of ensuring fair competition on digital markets. In its Evaluation, published earlier this month,[2] the Ministry praised the Rule for improving market conditions in the technology sector and promoting innovation and competition since it came
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF.
Antitrust in 2025 was marked by policy developments and enforcement that, while remaining aggressive, became less overtly anti-business. The U.S. continued several Biden-era cases but became more open to settlements, while maintaining
On December 12, 2025, the Digital Markets Act (“DMA”) High-Level Group (“HLG”)[1] endorsed a joint paper on the regulatory interplay on AI-related issues.[2] This paper assesses how to best implement the different legal frameworks that govern AI systems. It underlines the importance of achieving a coherent and consistent implementation of these frameworks and
As part of our response to the European Commission’s consultation on possible reforms to its merger control guidelines,[1] we provided our views on Topic C – Innovation And Other Dynamic Elements In Merger Control.
On May 13, 2025, the Bureau of Industry and Security (BIS) announced its intent to rescind the Biden administration’s Framework for Artificial Intelligence Diffusion (AI Diffusion Rule) that is scheduled to go into effect on May 15. BIS will publish a Federal Register notice formalizing its decision. In the meantime, Under Secretary of Commerce for
