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New EU Foreign Subsidies Regime Goes Live, with Slightly Simplified Requirements

As of July 12, 2023, the EU’s new Foreign Subsidies Regulation (FSR) began to apply. Deals signed from this date will now fall under the European Commission’s (EC’s) new powers to review subsidies from non-EU states to...more

The Final Countdown: Designation of Digital Platforms Under the EU's Digital Markets Act Formally Underway

Midnight on July 3, 2023, heralded the deadline for potential gatekeepers to notify the European Commission (EC) as to whether they meet the thresholds for gatekeepers set out in Article 3 of the Digital Markets Act (DMA)....more

EU’s Top Court Rules That Competition Authorities Can Consider Data Protection Breaches in Their Investigations

In a landmark judgment issued on July 4, 2023, the European top court, the Court of Justice (ECJ), ruled that competition authorities in the EU can consider a company’s compliance with the EU’s data protection rules when...more

European Antitrust Bimonthly Bulletin - May/June 2023

The "European Antitrust Bimonthly Bulletin" (EABB) breaks down the major antitrust developments in Europe in the past two months into concise and actionable takeaways....more

Sustainability Initiatives Get a Green Light in European Commission’s Revision of Rules on Collaboration Among Competitors

The EU’s rulebook on cooperation among competitors, which has been in place for over a decade, has recently undergone a revision with the European Commission (EC) adopting a new framework on June 1, 2023, that includes...more

European Council Adopts New “Fit for 55” Laws

Overview of EU “Fit for 55” The European Union (EU) recently enacted five laws in furtherance of its “Fit for 55” legislative package, which aims to ensure that EU policies are in line with EU’s climate targets of reducing...more

EU's ESG Push Goes Global: Significant Expansion of Corporate Sustainability Reporting for Companies Active in the EU

The Corporate Sustainability Reporting Directive (CSRD) entered into force on January 5, 2023. The CSRD significantly broadens the existing EU regime for non-financial disclosure requirements currently governed by...more

EU's New Foreign Subsidies Regulation Adds Complexity to M&A Deals with an EU Dimension

Starting July 12, 2023, the new EU Foreign Subsidies Regulation (FSR) will give the European Commission (EC) powers to review subsidies from non-EU states to companies active in the EU. Its aim is to complement the EU’s...more

European Commission Moves Forward with Open Antitrust Cases Against Expected Gatekeepers

The European Commission (EC) ended the year 2022 by making significant progress in its pending antitrust investigations against two of the largest digital platforms....more

European Court Expands Legal Professional Privilege in the EU

In a recent judgment, the European Court of Justice (ECJ) expanded the scope of Legal Professional Privilege (LPP) in the EU, recognizing that it is not limited to advice given for the purpose of defense but covers all...more

Dutch Court Holds Former Director Personally Liable for EU Cartel Fine

On December 12, 2022, the Dutch Arnhem-Leeuwarden Court of Appeal (the court) confirmed that a former director of Heiploeg, a North Sea shrimp supplier, was personally liable for over €13 million in damages ($13.8 million) as...more

U.S. Legislators and State Attorneys General Raise Antitrust Concerns Regarding ESG Collaborations

Over the past year, U.S. legislators and state attorneys general (AGs) have raised concerns that collaborations among firms to achieve environmental, social, and governance (ESG) goals are violations of the antitrust laws. As...more

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