Key 2022 judgments apply a five-factor analysis outlined by the EU’s highest court in 2017 -
The past year has seen a number of judgments by the General Court of the European Union (GC)—the EU's court of first...more
On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by...more
The EU "Fit for 55" package, if adopted, will significantly reshape environmental regulation in Europe, with impact beyond the EU's borders. In this alert, we focus on developments in two of the most impactful files, the...more
7/8/2022
/ Carbon Emissions ,
Carbon Taxes ,
Climate Change ,
Emissions Trading System ,
Environmental Policies ,
EU ,
European Commission ,
Greenhouse Gas Emissions ,
Imports ,
Popular ,
Supply Chain
The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission1 is the first...more
6/17/2022
/ Anticompetitive Behavior ,
Apple ,
Business Disputes ,
Business Litigation ,
Corporate Counsel ,
Due Process ,
EU ,
European Commission ,
Foreclosure ,
Qualcomm ,
Right of Access ,
Third-Party
On 23 February 2022, the European Commission ("Commission") issued its long-awaited Proposal for a Directive on Corporate Sustainability Due Diligence to tackle human rights and environmental impacts across global value...more
On 26 January 2022, the EU's General Court (GC) annulled the European Commission's (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes. The judgment demonstrates that the European Courts...more
1/28/2022
/ Anti-Competitive ,
Burden of Proof ,
EU ,
European Central Bank ,
European Commission ,
Fines ,
General Court of the European Union (GCEU) ,
Intel ,
Rebates ,
Standard of Proof ,
Treaty on the Functioning of the European Union (TFEU)
On 13 December 2021, the EU imposed sanctions against the Wagner Group, a private military entity based in Russia, as well as related entities and individuals, citing human rights abuses and destabilising activities in...more
On 17 November 2021, the European Commission ("Commission") announced a Proposal for a new Regulation to curb global deforestation and forest degradation driven by European Union ("EU") consumption of certain commodities....more
Taiwanese companies should keep Europe in mind when planning new deals-
For many years, the European Commission (the Commission) has been the most active enforcer when applying antitrust law to the technology sector. In...more
The metals sector is an attractive target for decarbonization due to the energy-intensive nature of traditional production processes.
Carbon: the next frontier of commodities trade tensions -
Governments around the...more
9/16/2021
/ Aluminum Sales ,
Capital Markets ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
China ,
Climate Change ,
Emissions Trading System ,
EU ,
Global Market ,
Green Energy ,
Metals ,
Mining ,
Russia ,
Steel Industry ,
WTO
The EU has introduced a new asset freeze regime against Lebanon, but without designating any persons under the new regime as of yet. On 30 July 2021, the EU adopted legislative acts establishing a new sanctions framework...more
As a key part of the "Fit for 55" European Green Deal package, the European Commission has published its controversial proposal for a carbon border adjustment mechanism ("CBAM"). The CBAM, if adopted, will impose a levy on...more
On 5 May 2021, the European Commission ("Commission") issued a proposal for a far-reaching Regulation to tackle foreign subsidies, which, if adopted, will increase the regulatory risk for companies operating or investing in...more
5/10/2021
/ Competition ,
Corporate Counsel ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Joint Venture ,
Mergers ,
Proposed Regulation ,
Public Consultations ,
Public Procurement Policies
On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission's decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement...more
On 22 March 2021, the European Union ("EU") designated a total of 22 individuals and 4 entities as subject to an asset freeze under the EU sanctions regimes relating to Global Human Rights Sanctions and Myanmar/Burma.
...more
On 30 December 2020, the EU and China agreed in principle on a Comprehensive Agreement on Investment ("CAI"). The text of the agreement is not yet available,1 but the European Commission called it "the most ambitious...more
After countless deadlines have come and gone, with a deal 90% done but three intransigent sticking points, on 24 December 2020 the UK and EU finally announced "agreement in principle" had been reached on their future...more
On 7 December 2020, the EU Council adopted a landmark decision and a regulation setting up for the first time a global human rights sanctions framework for the EU. The EU can now respond to serious human rights violations and...more
The EU has recently made certain notable EU asset freeze designations in relation to Belarus1 and Syria, focusing on various government officials – including President Alexander Lukashenko in Belarus -
The Belarusian and...more
11/11/2020
/ Asset Freeze ,
Belarus Sanctions ,
Due Diligence ,
Economic Sanctions ,
EU ,
Exemptions ,
Member State ,
National Security ,
State-Owned Enterprises ,
Syria ,
Travel Ban
The European Commission and the EU's Foreign Policy High Representative have put forward a proposal for a new, non-country-based sanctions programme to address human rights violations and abuses with asset freezes and travel...more
On 14 October 2020, the EU designated under its asset freeze six Russian officials and one research institute, in response to the poisoning of Russian opposition leader Alexei Navalny in August 2020. Separately, it also...more
On 2 October 2020, the EU adopted sanctions against Belarus in response to the repression and intimidation against peaceful demonstrators, opposition members and journalists in the wake of the 9 August 2020 presidential...more
For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...more
9/23/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Apple ,
Automotive Industry ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidies ,
FRAND ,
Google ,
Internet of Things ,
Microsoft ,
Mobile Apps ,
Qualcomm ,
Risk Assessment ,
Risk Mitigation ,
Taiwan ,
Technology Sector
On 30 July 2020, the EU designated the first individuals and entities under its 2019 sanctions framework targeting parties involved in cyber-attacks that undermine the EU’s integrity, security and economic competitiveness....more
8/10/2020
/ Asset Freeze ,
China ,
Cyber Attacks ,
Cyber Threats ,
Economic Sanctions ,
EU ,
Intellectual Property Protection ,
List of Specified Persons (LSP) ,
Member State ,
Misappropriation ,
Russia ,
Travel Ban
On 6 July 2020, the UK adopted its first autonomous sanctions regime, imposing asset freezes and travel bans on 47 individuals and two entities across the world accused of serious human rights violations. The new regime marks...more