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Member State Treaty on the Functioning of the European Union (TFEU) European Union

White & Case LLP

EU top court delivers a blow to the European Commission’s approach on Article 22 below-threshold referrals

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The Court of Justice of the EU (the Court) has overturned the General Court’s judgment in Illumina/Grail, effectively putting an end to the EC’s revised Article 22 policy approach for below-threshold mergers. Under this...more

McDermott Will & Emery

Illumina/GRAIL: European Court of Justice Annuls the Commission’s Approach

In a spectacular turn, on September 3, 2024, the Court of Justice (CJEU), constituted as the grand chamber, overturned the ruling of the General Court (GC) and annulled the decision made by the Commission to accept requests...more

K&L Gates LLP

The European Commission Sends Strong Signal Against Parallel Import Restrictions

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On 23 May 2024, the European Commission (Commission) imposed a €337.5 million fine to one of the world’s leading manufacturers of chocolate, biscuits, and coffee products for restricting cross-border trade in these product...more

K&L Gates LLP

Brussels Regulatory Brief: March 2024

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Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8...more

K&L Gates LLP

Brussels Regulatory Brief: Winter 2023-2024

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Antitrust and Competition - The European Court of Justice Held Rules Set by Sports Governing Bodies Must Comply With EU Competition Law - On 21 December 2023, the European Court of Justice (ECJ) held in a preliminary ruling...more

A&O Shearman

Draft EU Foreign Investment Screening Regulation sets out more comprehensive screening regime

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On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more

McDermott Will & Emery

FDI Screening: When Does National Interest Override Investment?

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A recent decision from the European Court of Justice (ruling C-106/22) has significant impact on EU foreign investment screening mechanisms....more

K&L Gates LLP

Brussels Regulatory Brief: April 2023

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ANTITRUST AND COMPETITION - The European Commission Releases the Article 102 TFEU Package to Ensure Greater Legal Certainty on Exclusionary Abuses of Dominance - Article 102 of the Treaty on the Functioning of the European...more

BCLP

European Commission adopts new Vertical Block Exemption Regulation and Vertical Guidelines

BCLP on

On May 10 2022, the EU Commission adopted the new Vertical Block Exemption Regulation and Vertical Guidelines. The regulation includes several significant new developments including readjusting the safe harbour and providing...more

Latham & Watkins LLP

EU State aid temporary crisis framework in the context of the invasion of Ukraine

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On 23 March 2022, the European Commission (the Commission) adopted a Temporary Crisis Framework for State aid measures to support the economy following the invasion of Ukraine by Russia (the Temporary Crisis Framework), after...more

McDermott Will & Emery

New State Aid Temporary Framework In The Wake Of The Aggression Against Ukraine By Russia

McDermott Will & Emery on

To mitigate the negative economic and social consequences of Russian military aggression against Ukraine and to lessen the effect of the restrictive economic measures taken in response to the crisis, as well as retaliatory...more

McDermott Will & Emery

In the Making: New State Aid Temporary Framework to Support the EU Economy in the Wake of Russia’s Invasion of Ukraine

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The European Commission consults Member States on its draft proposal - On March 10, 2022 the European Commission (Commission) sent a draft proposal to EU Member States with the aim of establishing a State aid Temporary...more

A&O Shearman

Court of Justice of the European Union says ad hoc submission to arbitration of dispute between EU Member State and EU investor...

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On 26 October 2021, the Court of Justice of the European Union (the Court) delivered its judgment in Case C‑109/20, Republic of Poland v PL Holdings S.á r.l. (PL Holdings)....more

White & Case LLP

On Your Skates! Lessons for Sports Governing Bodies and Event Organisers from the European Commission's ISU Decision

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In the International Skating Union case, the European Commission investigated the compatibility of the ISU’s Eligibility Rules with EU competition law following a complaint by two Dutch ice speed skaters. Upon finding the...more

Jones Day

EU Court Overturns Commission Decision in Landmark Apple Tax Case

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The Development: The EU General Court annulled the European Commission's decision in the Apple case, holding that the Commission did not prove that the Irish tax rulings in question gave rise to a selective advantage under EU...more

McDermott Will & Emery

European Commission Adopts Temporary Framework for State Aid to Businesses Affected by COVID-19

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On 19 March 2020, the European Commission adopted a temporary framework that allows Member States to grant certain State aid to businesses to help them face the economic and financial consequences of the Coronavirus...more

White & Case LLP

European Commission publishes its emergency COVID-19 State aid rules and rapidly approves ten State aid schemes

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The European Commission has now adopted a Framework of temporary State aid rules enabling Member States to adopt measures to support the growing number of businesses suffering because of the COVID-19 outbreak. This is the...more

Sheppard Mullin Richter & Hampton LLP

COVID-19 Outbreak and Adjusted EU State Aid Control

The unique EU State aid control law requires, in principle, prior notification by Member States and approval by the Commission of all State aid. During a time of crisis, like the COVID-19 pandemic, EU law allows for a...more

White & Case LLP

State aid response to COVID-19 crisis

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As the number of businesses around the EU affected by the COVID-19 outbreak grows, many Member States are considering or have announced substantial supporting packages in an effort to limit the impact of the outbreak on the...more

Orrick - Antitrust Watch

The Implications Of Brexit On The Competition Law Landscape: Key Takeaways From The CMA’s ‘Guidance On The Functions Of The CMA...

The UK will no longer be a Member State of the European Union (the “EU”) as of 11 p.m. on 31 January 2020 (“Exit Day”). A ‘transition period’ will run from Exit Day until 11 p.m. on 31 December 2020 (the “Transition Period”)....more

Hogan Lovells

The Foreign Investment Regulation Review Seventh Edition - EU Overview

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Foreign investment continues to garner a great deal of attention. This trend is expected to continue as the global economy further integrates, the number of cross-border and international transactions keeps increasing, and...more

WilmerHale

CETA’s dispute settlement mechanism compatible with EU law - a closer look at the CJEU’s opinion

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Is the Court of Justice Opinion 1/17, in response to Belgium’s concerns over the compatibility of the Comprehensive Economic Trade Agreement (CETA) Tribunals and EU law, a further step towards investor-state dispute...more

Jones Day

EU's Highest Court Expands Cartel Damages Liability for Corporate Parents and Successors

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The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a subsidiary or acquired company in cartel cases. This significantly broadens...more

K&L Gates LLP

Brussels Regulatory Brief: March 2019

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Antitrust and Competition - EU Cartel Damages: Advocate General says that liability in cartel damages cannot be avoided through corporate restructuring - On 6 February 2019, Advocate General Nils Wahl found in his...more

Dechert LLP

Brexit and Antitrust: Impact on Public and Private Antitrust Enforcement

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The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. There are multiple implications: - Businesses subject to an ongoing EU antitrust investigation on the...more

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