EU competition rules are crucial to the strengthening of the Union’s internal market. And direct effect has long been a structuring legal principle of the Union’s legal order, helping to ensure its autonomous nature. Thus,...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 25 April 2023, the UK government published the Digital Markets, Competition and Consumers Bill (“Bill”). Before the Bill becomes law, both Houses of Parliament will need to approve it and amendments are likely....more
5/5/2023
/ Antitrust Provisions ,
Competition ,
Consumer Protection Laws ,
Digital Marketplace ,
Digital Markets Strategy ,
EU ,
Merger Controls ,
Mergers ,
Pending Legislation ,
UK ,
UK Competition and Markets Authority (CMA)
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 December 8, 2022, the European Court of Justice (ECJ), the European Union’s highest court, delivered a landmark ruling in Orde van Vlaamse Balies a.o. (the Judgment) clarifying that legal professional privilege (LPP) is...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
Following its exit from the European Union, the United Kingdom (UK) is no longer bound by the EU’s rules governing public subsidies. At the end of April 2022, the UK Parliament passed the Subsidy Control Act 2022, which sets...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)
The European Commission has published a far-reaching proposal for a regulation to tackle foreign subsidies affecting the EU internal market. This proposal appears as a game changer for foreign direct investment. If adopted,...more
6/25/2021
/ Acquisitions ,
EU ,
EU Single Market ,
European Commission ,
Foreign Direct Investment ,
Foreign Entities ,
Foreign Subsidies ,
Mergers ,
Proposed Regulation ,
Public Procurement Policies ,
Third Country Entities (TCEs) ,
White Papers
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