On November 27, 2023, the Council of the European Union adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. The...more
On November 27, 2023, the Council of the European Union adopted the EU Data Act (Data Act), a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the...more
On November 9, 2023, the European Parliament adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. It is widely...more
11/16/2023
/ Cloud Service Providers (CSPs) ,
Connected Entities ,
Corporate Counsel ,
Data-Sharing ,
Digital Single Market ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Parliament ,
General Data Protection Regulation (GDPR) ,
Member State ,
New Legislation ,
Personal Data ,
Transparency
On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an...more
On September 25, 2023, the European Commission (EC) blocked the proposed acquisition by Booking Holdings, Inc. of Flugo Group Holdings AB (eTraveli). This is the EC’s first prohibition of a transaction this year and its...more
The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more
8/9/2023
/ Competition ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Member State ,
Merger Controls ,
Mergers ,
New Regulations ,
Public Procurement Policies ,
State Aid ,
State-Owned Enterprises ,
Threshold Requirements
On June 1, 2023, the European Commission (EC) adopted revised Horizontal Guidelines (HGs) and two updated block exemption regulations (BERs) on research and development (R&D) and “specialisation” agreements. These materials...more
7/31/2023
/ Competition ,
EU ,
European Commission ,
Guidance Update ,
Horizontal Merger Guidelines ,
Horizontal Mergers ,
Joint Venture ,
Purchase Agreement ,
Research and Development ,
Safe Harbors ,
Sustainability ,
V-BER (Vertical Block Exemption Regulation)
On July 10, 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (“Adequacy Decision”). This ends a three-year journey to set up a successor to the EU-U.S. Privacy...more
7/12/2023
/ Adequacy Requirement ,
Court of Justice of the European Union (CJEU) ,
Department of Justice (DOJ) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Iceland ,
International Data Transfers ,
Liechtenstein ,
Member State ,
Norway ,
Personal Data ,
U.S. Commerce Department
On February 6, 2023, the European Commission (EC) published a draft Implementing Regulation (the Implementing Regulation) setting out rules and procedures for the application of the Foreign Subsidies Regulation (FSR)....more
On November 28, 2022, the Council of the European Union (Council) gave its final approval to the proposed Regulation on Foreign Subsidies (Regulation), concluding seven months of negotiations with the EU Parliament. Under...more
On 23 February 2022, the European Commission (“Commission”) adopted a proposal for a Corporate Sustainability Due Diligence Directive (“Proposed Directive”) laying down new obligations for large companies to ensure that their...more
On January 26, the General Court (GC) of the European Union issued a judgment on remand, annulling the €1.06 billion fine that the European Commission (EC) had imposed on Intel in 2009.
Companies commonly use rebates to...more
2/7/2022
/ Antitrust Provisions ,
Burden of Proof ,
Competition ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
Final Judgment ,
Intel ,
Rebates ,
Remand ,
Treaty on the Functioning of the European Union (TFEU)
On January 27, 2021, the Court of Justice of the European Union (“CJEU”) issued an important ruling regarding an investment fund’s liability for the cartel behaviour of an affiliate. The CJEU confirmed that an investment fund...more
2/1/2021
/ Affiliates ,
Antitrust Provisions ,
Cartels ,
Corporate Liability ,
Court of Justice of the European Union (CJEU) ,
EU ,
Goldman Sachs ,
Initial Public Offering (IPO) ,
Investment Funds ,
Parent Corporation ,
Voting Rights
On April 8, 2020 the European Commission (the ‘EC’) published a temporary antitrust framework for assessing business cooperation to ensure the supply of “essential scarce products and services” during the COVID-19 outbreak...more
In the week following the adoption of the Temporary Framework for EU State aid measures to counter the economic impact of the COVID-19 pandemic on March 19, 2020,1 the European Commission (the ‘EC’) has approved twenty-one...more
Throughout the world, the coronavirus pandemic is creating enormous challenges. While data protection is not the main concern, the European Data Protection Authorities (DPAs) made it clear that the European General Data...more
The European Competition Network of the 27 EU Member State Antitrust Authorities (the ‘ECN’), several individual EU Member State antitrust authorities, the UK’s antitrust authority and Norway’s government have issued...more
The COVID-19 crisis is first and foremost a health issue, as governments around the world seek to limit and treat its effects and save lives. However, it is also an immediate economic and social issue, as companies and...more
Throughout the world, the coronavirus pandemic is creating enormous challenges. While data protection is not the main concern, the European Data Protection Authorities (DPAs) made it clear that the European General Data...more
“Geo-blocking” is the practice whereby traders operating in a country block or limit access to their online interfaces, such as websites or apps, by customers from other countries wishing to engage in cross-border...more
12/4/2018
/ Cross-Border Transactions ,
Digital Single Market ,
E-Commerce ,
EU ,
European Commission ,
Geo-Blocking ,
Internet Retailers ,
Member State ,
No-Deal Brexit ,
Regulatory Oversight ,
Sales & Distribution Agreements ,
Terms and Conditions ,
UK Brexit
On October 24, 2018, the European Commission (“EC”) opened a Public Consultation on a Recommendation that will identify the main challenges linked to the deployment of connected and automated vehicles. Stakeholders, including...more
This is the seventh issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series. Our attorneys will share insights on current and emerging issues affecting companies doing business in Europe and across...more
This is the sixth issue of WilmerHale’s 8-in-8 Recent Trends in European Law and Policy Alert Series. Our attorneys will share insights on current and emerging issues affecting companies doing business in Europe and across...more
In the reports from around the world collected in this volume, we continue to see a good deal of international overlap among the issues and industries attracting government enforcement attention. We also see evolution and...more
7/10/2017
/ Antitrust Investigations ,
Canada ,
Cartels ,
China ,
Competition Authorities ,
Cross-Border Transactions ,
Enforcement Actions ,
EU ,
India ,
Merger Controls ,
South Africa ,
South America