For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control,...more
The first State aid measures authorized by the European Commission (Commission) following the COVID-19 outbreak were aimed at helping companies to cover their immediate liquidity needs, mainly through bank loans guaranteed by...more
The overall ongoing trend in major Western economies of tightening Foreign Investment Control is not being overlooked in Europe. As these new measures also particularly affect disposals and acquisitions of German "critical...more
In the wake of the COVID-19 crisis, many companies will be facing significant financial difficulties for which the only viable solution to remain a going concern will be acquisition by another company. It is safe to predict...more
The current COVID-19 pandemic is posing unprecedented challenges on our public health systems and communities. It is also heavily impacting economic activity, including for companies in the midst of M&A or joint venture...more
The disruption linked to COVID-19 already affects the global economy significantly, including M&A transactions in Europe and across the globe. On the regulatory side, many deals face challenges caused by national authorities'...more
In response to the global outbreak of the COVID-19 virus, the EU and various member states have taken measures to ensure continuity of supply of personal protective equipment (PPE) and address shortages of healthcare...more
Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid -
The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during...more
3/23/2020
/ Antitrust Provisions ,
BSA/AML ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Monopolization ,
Threshold Requirements
The COVID-19 pandemic has hit the European economy with brute force. Many businesses are facing drastic declines in revenues and are in urgent need of liquidity. Some have imposed temporary lay-offs or even face insolvency. ...more
3/23/2020
/ Coronavirus/COVID-19 ,
EU ,
European Commission ,
France ,
Germany ,
Insolvency ,
Italy ,
Layoffs ,
Liquidity ,
Spain ,
State Aid ,
UK
European Commission approves first State aid measure in relation to the COVID-19 outbreak and announces a flexible application of State aid rules to stabilize the economy Probably everyone would agree that the COVID-19...more
For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control,...more
2/27/2020
/ Cross-Border Transactions ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Investment Opportunities ,
Investors ,
Regulatory Reform ,
Regulatory Standards ,
Security Standards ,
Standard of Review ,
Standstill Agreements ,
Threshold Requirements
Read the latest news on antitrust, competition and economic regulation (ACER) in this Autumn's edition of our quarterly ACER newsletter.
Algorithms in the spotlight of antitrust authorities -
Joint study by the...more
12/10/2019
/ Algorithms ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Belgian Competition Authority ,
Belgium ,
Competition ,
Department of Justice (DOJ) ,
Digital Marketplace ,
EU ,
Germany ,
Hart-Scott-Rodino Act ,
Luxembourg ,
Merger Controls ,
Netherlands ,
Popular ,
Public Procurement Policies ,
Regulatory Standards ,
Statutory Violations
Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s...more
10/31/2019
/ 5G Network ,
Big Tech ,
Business Model ,
Competition ,
Copyright ,
Corporate Taxes ,
Cybersecurity ,
Data Protection ,
Digital Platforms ,
Enforcement Programs ,
EU ,
Freedom of Expression ,
General Data Protection Regulation (GDPR) ,
Innovative Technology ,
Privacy Concerns ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
United Arab Emirates (UAE)
Germany is about to implement an ambitious new “digital antitrust law” (“GWB-Digitalisierungsgesetz”) to effectively regulate online markets. The draft Ministerial bill on the 10th amendment of the German Act Against...more
10/31/2019
/ Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Digital Marketplace ,
Digital Platforms ,
EU ,
Germany ,
Horizontal Agreements ,
Market Power ,
Regulatory Agenda ,
Regulatory Requirements ,
Right of Access
Compliance with export control laws is one of the main challenges of a compliance department. Yet significant personal risks for management have put the topic high on the agenda of legal/compliance departments.
...more
8/9/2019
/ Covered Transactions ,
Dual Use Goods ,
EU ,
European Commission ,
Exports ,
Internal Controls ,
Policies and Procedures ,
Software ,
Strict Compliance ,
Technology ,
Trade Policy
In recent years, several European Union (EU) Member States, as well as the EU itself, have reconsidered their approaches to foreign direct investment (FDI). An increasing number of European jurisdictions have introduced rules...more
8/2/2019
/ Aerospace ,
CFIUS ,
Cross-Border Transactions ,
Defense Sector ,
EU ,
FIRRMA ,
Foreign Investment ,
Member State ,
National Security ,
Regulatory Requirements ,
Screening Procedures ,
Transparency
Foreign direct investment (“FDI”) screenings have become a relevant factor for global transactions in recent years. More and more jurisdictions are introducing or ramping up their powers for scrutinising FDI, which parties to...more
Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter.
...more
4/3/2019
/ Antitrust Provisions ,
Bid Rigging ,
CFIUS ,
Economic Development ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Government Shutdown ,
Hold-Separate Remedies ,
Merger Controls ,
No-Poaching ,
Pharmaceutical Patents ,
Public Procurement Policies ,
Regulatory Standards ,
South Africa ,
UK Competition and Markets Authority (CMA)
Following the European Commission’s prohibition of the Alstom-Siemens transaction, the French and German governments published a manifesto calling for a reform of current EU merger rules, in order to shape a “European...more
German Minister of Economics suggests revising EU and German merger control regulations to enable the creation of European champions – and keeps FDI options on the table to prevent acquisitions by non-European players....more
On 14 November 2018, the European Commission and the UK government announced that they had agreed a draft Withdrawal Agreement. While this agreement still requires the consent of the UK Parliament and the remaining 27 EU...more
On 15 October 2018, the European Aviation Safety Agency (EASA) opened a public consultation on proposed airworthiness standards for the certification of small electric vertical takeoff and landing (eVTOL) aircraft. The EASA...more
10/29/2018
/ Aircraft ,
Artificial Intelligence ,
Aviation Industry ,
Certification Requirements ,
Electric Vehicles ,
EU ,
Public Consultations ,
Regulatory Requirements ,
Rulemaking Process ,
Safety Standards ,
Technology Sector
Are some tech companies using their cache of big data to crush competition?
U.S. regulators don’t think so. At the U.S. Department of Justice (DOJ) Technology Policy Institute Conference in August 2018, Deputy Assistant...more
9/27/2018
/ Antitrust Investigations ,
Antitrust Provisions ,
Big Data ,
Cartels ,
Competition ,
Consumer Protection Laws ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Mergers ,
Regulatory Oversight ,
Regulatory Standards ,
Technology Sector
The updated version of the EU Blocking Regulation enters into force On 7 August 2018, the EU published: (1) Commission Delegated Regulation (EU) 2018/1100 (Amending Regulation)...more
On 6 June 2018, the European Commission ("Commission") adopted a draft Delegated Regulation expanding the scope of Council Regulation (EC) No 2271/96 ("EU Blocking Regulation") to include the extra-territorial aspects of the...more
6/8/2018
/ Blocking Statutes ,
Covered Transactions ,
EU ,
European Commission ,
Extraterritoriality Rules ,
Foreign Relations ,
Iran ,
Iran Sanctions ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management