In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer...more
On 12 October the Digital Markets Act (DMA)1 was published in the Official Journal of the European Union. The DMA will enter into force on 1 November 2022 and will apply as of 2 May 2023. The DMA introduces European-wide ex...more
10/26/2022
/ Acquisitions ,
Competition ,
Compliance ,
Corporate Counsel ,
Digital Marketplace ,
Digital Markets Strategy ,
Digital Platforms ,
Enforcement ,
EU ,
European Commission ,
Member State ,
Mergers ,
Proposed Regulation ,
Regulatory Oversight ,
Sanctions
Key Takeaways -
The European Commission has adopted a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU.
The White Paper suggests that the...more
8/12/2020
/ Anticompetitive Behavior ,
Competition Authorities ,
Compliance ,
Corporate Counsel ,
Enforcement Authority ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Subsidies ,
Member State ,
Public Consultations ,
Public Procurement Policies ,
Regulatory Burden ,
Subsidies ,
White Papers
Key Takeaways -
- Foreign Direct Investment (FDI) controls are proliferating around the globe. Since the pandemic, “health” has become a particular focus.
- Several countries have adapted their existing FDI rules, or...more
7/29/2020
/ Australia ,
Austria ,
Biotechnology ,
Canada ,
CFIUS ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Czech Republic ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
France ,
Healthcare Facilities ,
Hungary ,
Italy ,
Japan ,
Medical Devices ,
Member State ,
Mergers ,
New Zealand ,
Pharmaceutical Industry ,
Poland ,
Slovenia ,
Spain ,
Threshold Requirements ,
UK ,
Voting Rights
The EU Foreign Direct Investment Regulation will be in full force from October 11, 2020. We expect it will radically alter the dynamics of foreign investment review in Europe. Any non-EU investor and any EU target company...more
5/18/2020
/ Acquisitions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidiaries ,
Member State ,
Mergers ,
National Security Review Proceedings ,
New Regulations ,
Non-EU Investors ,
UK Brexit
In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures,...more
The UK Parliament, having for the second time rejected the Withdrawal Agreement negotiated between the UK government and the EU, will vote on it for a third time next week. If it is approved, the UK will ask the EU for a...more
The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. There are multiple implications:
- Businesses subject to an ongoing EU antitrust investigation on the...more
3/7/2019
/ Abuse of Dominance ,
Anticompetitive Behavior ,
Antitrust Investigations ,
EU ,
European Commission ,
Member State ,
Mergers ,
No-Deal Brexit ,
Parallel Proceedings ,
Transitional Arrangements ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
The EU has agreed in principle on a strengthened framework to ensure that foreign investment does not threaten security and public order, while keeping the EU open to foreign investment. The draft FDI Regulation does not go...more
The UK Government today formally triggered the process of leaving the EU by invoking Article 50 of the Treaty on European Union. How are the negotiations likely to affect your business? Defining your priorities, developing...more