ANTITRUST AND COMPETITION - EU Foreign Subsidies Regulation Expected to Enter into Force by Mid-2023 - On 28 November 2022, the Council of the European Union adopted the Foreign Subsidies Regulation (FSR), which granted the...more
12/27/2022
/ Artificial Intelligence ,
Capital Markets ,
Capital Markets Union ,
Digital Services ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Financial Services Industry ,
Foreign Subsidies ,
Greenhouse Gas Emissions ,
Online Platforms ,
Regulatory Oversight ,
Reporting Requirements ,
Sustainability
ANTITRUST AND COMPETITION - Commission Adopted the Revised Informal Guidance Notice for Novel or Unresolved Competition Issues - Following a public consultation, the European Commission (Commission) published on 3 October...more
11/4/2022
/ Antitrust Provisions ,
Artificial Intelligence ,
Aviation Industry ,
Competition ,
Corporate Social Responsibility ,
Cryptoassets ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Regulatory Oversight ,
Stablecoins ,
Sustainability
The European Commission’s (EC) decision to block Illumina’s acquisition of Grail marks the dawn of a new era for acquisitions of startups with innovation potential. This case involved many “firsts”: It is the first time that...more
ANTITRUST AND COMPETITION - Significant Changes to the Italian Antitrust Regime - On 5 August 2022, the Italian Parliament adopted law no. 118, which entered into force on 27 August 2022 (2021 Italian Competition Law). The...more
On 21 September, the European Commission (Commission) approved, under State Aid rules, the project IPCEI Hy2Use (IPCEI Hy2Use) as the second Important Project of Common European Interest (IPCEI) to support research and...more
BACKGROUND OF THE EUROPEAN COMMISSION PROPOSAL - On 23 February 2022, the European Commission (the Commission) published a proposal for a directive on corporate sustainability due diligence (the Proposal)....more
ANTITRUST AND COMPETITION - European Union General Court Confirms the European Commission’s Ability to Review Certain Transactions Even When They Fall below the European Union and Member States’ Merger Filing Thresholds - On...more
7/29/2022
/ Acquisitions ,
Airlines ,
Antitrust Provisions ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
EU ,
European Commission ,
Foreign Subsidies ,
Investment ,
Mergers ,
Startups ,
Transportation Industry
ANTITRUST AND COMPETITION - The European Commission Reviews Its Informal Guidance Notice - On 24 May 2022, the European Commission (Commission) launched a public consultation to gather feedback from interested parties on the...more
7/20/2022
/ Antitrust Provisions ,
Artificial Intelligence ,
Child Abuse ,
Climate Change ,
Competition ,
Cybersecurity ,
Economic Sanctions ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Internet Service Providers (ISPs) ,
Lenders ,
Mergers ,
Online Platforms ,
Treaty on the Functioning of the European Union (TFEU) ,
UCITS ,
Vertical Block Exemption Regulation (VBER)
On 15 July 2022, the European Commission (Commission) approved, under state aid rules, the Hy2Tech “Hydrogen” project, as an Important Project of Common European Interest (IPCEI) to support research, innovation, and the first...more
Key Takeaways - The Court holds the Commission to a high standard in respect to the rights of defense. The Court found that the Commission committed several serious procedural violations, including: (i) failure to keep and...more
OVERVIEW - On 6 May 2022, the European Commission (Commission) published the draft revised Implementing Regulation (Draft Implementing Regulation) and the Notice on Simplified Procedure (Draft Notice) for the EU Merger...more
ANTITRUST AND COMPETITION - The Commission and the German Competition Authority conducted surprise inspections in Germany for suspected abuse of a dominant position in the natural gas sector....more
5/23/2022
/ Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Digital Currency ,
Digital Marketplace ,
EU ,
Financial Services Industry ,
Germany ,
Green Energy ,
Oil & Gas ,
Online Platforms ,
Personal Data ,
Supply Chain
On 10 May 2022, the European Commission (the Commission) finally published the official final version of the European Vertical Block Exemption Regulation (VBER) and guidelines (Vertical Guidelines). The new rules will come...more
The European Commission Opens Investigation into an Allegedly Anticompetitive Agreement Between Two Global Tech Companies Active in Online Display Advertising Services - On 11 March 2022, the European Commission (Commission)...more
4/18/2022
/ Anti-Competitive ,
Artificial Intelligence ,
Big Tech ,
Climate Change ,
Digital Services ,
E-Commerce ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Government Investigations ,
Money Market Funds ,
Online Advertisements ,
Public Procurement Policies ,
Renewable Energy ,
Technology ,
Treaty on the Functioning of the European Union (TFEU)
Commission Approves €900 Million German Scheme to Support Investments in Production of Green Hydrogen - The purpose of the scheme entitled “H2Global” is to advance the international market expansion of renewable hydrogen,...more
3/28/2022
/ Artificial Intelligence ,
Banking Sector ,
Competitive Bidding ,
Digital Assets ,
ESRB ,
EU ,
Export Controls ,
Fashion Branding ,
Fashion Industry ,
Germany ,
Hydrogen Power ,
Internet of Things ,
Money Market Funds ,
Supply Chain ,
Tender Offers
ANTITRUST AND COMPETITION - European Commission Blocks a Global Transaction Involving Two Leading South Korean Shipbuilders - On 12 November 2019, a South Korean leading shipbuilder (the Notifying Party) notified to the...more
2/18/2022
/ Acquisitions ,
Climate Change ,
Competition ,
Digital Services ,
Emissions Trading System ,
EU ,
EU Merger Directive ,
European Commission ,
European Parliament ,
Foreign Subsidies ,
FSB ,
Natural Gas ,
Non-Bank Lenders ,
Nuclear Power ,
Personal Data ,
Proposed Regulation ,
Sustainable Finance ,
Taxonomy
European antitrust regulators have shown a continued focus on scrutinizing manufacturers’ engagement with their distributors. The anticompetitive practices that have attracted the highest financial penalties primarily relate...more
ANTITRUST AND COMPETITION - The EU General Court Upheld the Commission’s Fines for Gun Jumping - On 25 February 2015, a French telecom company notified to the Commission (its proposed acquisition of a Portuguese multimedia...more
12/20/2021
/ Antitrust Provisions ,
Competition ,
Court of Justice of the European Union (CJEU) ,
Digital Marketplace ,
ECA ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Information Governance ,
Merger Controls ,
Mergers ,
Parent Corporation ,
Subsidiaries ,
Sustainable Finance
AVIATION REGULATORY AND POLICY - Aviation Policy: European Commission Proposals Regarding the Transformation of EU Economy and Society to Meet Climate Ambitions - On 14 July 2021, the European Commission (Commission) adopted...more
ANTITRUST AND COMPETITION - Competition Policy and the Green Deal - In her recent keynote speech, delivered at the 25th IBA Competition Conference on 10 September 2021, European Commission (the Commission) Executive Vice...more
The German Federal Court of Justice (Bundesgerichtshof (BGH)) has recently published on 6 August 2021 the reasoning for its judgment of 18 May 2021 on best-price clauses, which overturned the previous decision of the...more
ANTITRUST AND COMPETITION - The French Competition Authority (FCA) Fined a Watchmaker for Obstruction of an Antitrust Investigation - On 9 July 2021, the FCA fined a watchmaker for failing to respond to a request for...more
8/5/2021
/ Antitrust Investigations ,
Competition ,
Cross-Border Transactions ,
Distributors ,
EU ,
French Competition Authority ,
International Data Transfers ,
Internet of Things ,
Internet Retailers ,
Money Market Funds ,
Online Marketplace ,
Pricing ,
Request For Information ,
Resale Pricing ,
Targeted Digital Advertising
The European Commission has now published its proposed draft of the new EU rules, which will govern distribution agreements until 2032. These are set to replace the current EU Vertical Block Exemption Regulation (VBER) and...more
AVIATION REGULATORY AND POLICY - Single European Sky: The Wise Person Group Publishes a Statement on the Future of the Single European Sky On 14 April 2021, the Wise Persons Group (WPG), a high-level aviation experts group...more
ANTITRUST AND COMPETITION - A Subsidiary can be Held Liable for the Harm Caused by the Anticompetitive Conduct of its Parent Company - On 19 July 2016, the European Commission (the Commission) imposed fines on several car...more
6/10/2021
/ Anti-Competitive ,
Antitrust Violations ,
Climate Change ,
Competition ,
Environmental Policies ,
EU ,
Financial Markets ,
Financial Services Industry ,
Foreign Subsidies ,
Green Finance ,
Greenhouse Gas Emissions ,
Investment ,
Liability ,
Popular ,
Public Policy ,
Railways ,
Sustainability ,
Transportation Industry