News & Analysis as of September 14, 2024

European Commission

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

CMA Hits Accelerator on Enforcement of UK Labour Markets

BCLP on 2/16/2024

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more

The new guidelines on cooperation in the agri-food sector show a more pragmatic approach to sustainability agreements under EU...

White & Case LLP on 12/18/2023

On 7 December 2023, the EC published new guidelines on when farmers and agriculture related businesses can, subject to certain conditions, enter into cooperation agreements on sustainability without breaching EU competition...more

EU Commission releases further guidance on CBAM implementation

White & Case LLP on 12/6/2023

The EU's Carbon Border Adjustment Mechanism ("CBAM") reporting obligations started applying from 1 October 2023. As the first reports are due in January 2024, the Commission has released a list of some of the most frequently...more

EU Commission Issues Guidance for EU Companies on Enhanced Due Diligence To Prevent Sanctions Circumvention

Skadden, Arps, Slate, Meagher & Flom LLP on 9/29/2023

On 7 September 2023, the European Commission (Commission) published a guidance note (the Guidance) for EU businesses on the circumvention of sanctions. The Guidance outlines the essential components for a company’s compliance...more

The new EU horizontal cooperation antitrust rules

White & Case LLP on 6/28/2023

The European Commission ("EC") has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC's aim is to provide more guidance for...more

EU Foreign Subsidy Regulation applies to US and multinational companies active in the EU as of July 2023, and disclosure of tax...

Eversheds Sutherland (US) LLP on 5/12/2023

Beginning July 12, 2023, the European Commission (Commission) may begin “ex officio” investigations of financial contributions that companies receive from non-EU governments. The Commission may request information or conduct...more

European Commission publishes results of its 2022 Safety Gate “Safer Products for all” Report

Hogan Lovells on 3/30/2023

With the aim of showcasing the successes of Safety Gate in ensuring product safety across the Single Market, the European Commission published the results of its 2022 Report, outlining how technology, the sharing of...more

Antitrust M&A Snapshot - Q4 2022

McDermott Will & Emery on 1/20/2023

DOJ Sees First Merger Win After String of Losses - Penguin Random House’s planned acquisition of rival Simon & Schuster was blocked by Judge Florence Pan of the US District Court for the District of Columbia on November...more

European Commission presents report to the European Parliament and Council on the functioning of the EU Securitisation Regulation

Cadwalader, Wickersham & Taft LLP on 10/11/2022

On 10 October 2022, the European Commission (the “Commission”) published its report (the “Report”) to the European Parliament and Council on the functioning of Regulation (EU) 2017/2402 (the “EU Securitisation Regulation”) as...more

NEW: EU Blue Guide June 2022 – long awaited; how does it shape up?

Hogan Lovells on 7/5/2022

On 29 June 2022, the European Commission published an updated ‘Blue Guide on the implementation of the product rules 2022’ (“Blue Guide”). The Blue Guide serves to further cover new developments since it was last revised in...more

Vertical restraints: the European Commission revisits its approach to information exchange in situations of dual distribution

Dechert LLP on 5/31/2022

On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation...more

Vertical Block Exemption Regulation and Guidelines

Latham & Watkins LLP on 5/27/2022

On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more

European Commission adopts new Vertical Block Exemption Regulation

WilmerHale on 5/25/2022

On May 10, 2022, the European Commission adopted the final text of the new Vertical Block Exemption Regulation (VBER) accompanied by the new Guidelines on Vertical Restraints (the VGL), which provide detail on interpretation...more

The new draft EU horizontal antitrust rules – A snapshot overview

White & Case LLP on 3/21/2022

On 1 March 2022, the European Commission ("EC") published for consultation two draft revised horizontal block exemption regulations ("HBERs") on research & development ("R&D") and specialisation agreements, as well as draft...more

2021 Data Privacy Overview: New Regulations and Guidance

Lighthouse on 1/12/2022

While everyone hoped that 2021 would be less tumultuous than 2020, it certainly did not turn out that way in the end. The same was true in the world of data privacy – with sweeping new data protection regulations and guidance...more

US, EU Issue Guidance on Expectations for Due Diligence to Address Forced Labor Risks

BCLP on 8/13/2021

On July 13, 2021, the US Department of State, US Department of the Treasury, US Department of Commerce, US Department of Homeland Security, Office of the United States Trade Representative, and US Department of Labor issued...more

Latest developments on the Article 22 EUMR referral mechanism: the only thing that's certain is the uncertainty

White & Case LLP on 5/4/2021

The European Commission ("EC") is shifting its approach with respect to the referral mechanism under Article 22 of the EU Merger Regulation 139/2004 (the "EUMR") and now – at least in certain circumstances – encourages...more

‘Pay-for-Delay’ Agreements can be Restrictions of Competition by their very Nature

McDermott Will & Emery on 4/22/2021

On 25 March 2021 the European Court of Justice (ECJ) dismissed all the appeals brought by Danish pharmaceutical company H. Lundbeck A/S (Lundbeck) and five generic manufacturers against the judgments of the General Court of...more

Revised Merger Assessment Guidelines Codify UK Interventionist Approach to Dynamic Markets

Skadden, Arps, Slate, Meagher & Flom LLP on 4/19/2021

The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control.1 The guidelines largely codify the CMA’s recent output,...more

Safety net or overreach? The European Commission’s new policy on Member State merger referrals

BCLP on 4/13/2021

In 2020, European Competition Commissioner Margrethe Vestager announced a new policy, under which the Commission will entertain requests from Member States to review mergers that do not meet the notification thresholds for...more

New Guidance on Article 22 EUMR Referrals to the European Commission

Latham & Watkins LLP on 4/1/2021

The European Commission (EC) has published new guidance on the application of the referral mechanism set out in Article 22 of the EU merger regulation (EUMR) allowing for mergers falling below national merger thresholds to be...more

New European Commission Guidance: Acquisitions of Nascent Competitors on the Radar

McDermott Will & Emery on 3/31/2021

The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its...more

Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

Fenwick & West LLP on 1/11/2021

Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v....more

The European Commission proposes a new Pharmaceutical Strategy for the EU

Hogan Lovells on 12/8/2020

On 25 November 2020, the European Commission published a proposal for a new Pharmaceutical Strategy for Europe (“the Strategy”). The Strategy is built around four main objectives, each with an assigned work strand....more

U.K. Competition & Markets Authority Publishes Important Brexit Guidance

Akin Gump Strauss Hauer & Feld LLP on 12/7/2020

In anticipation of the United Kingdom’s exit from the EU on December 31 (‘Brexit’), the Competition and Markets Authority (the ‘CMA’) published its guidance on the expected changes to U.K. competition law regime. The guidance...more

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