Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more
5/29/2025
/ Antitrust Provisions ,
Competition ,
EU ,
European Commission ,
Goods or Services ,
Manufacturers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
Suppliers ,
Supply Chain
Recent rulings indicate that it will be easier for cartel victims to pursue their claims in German courts by assigning them to a special purpose vehicle ("SPV"), which then litigates the combined claims as the sole plaintiff...more
The European Commission seeks stakeholders' views on the guidelines for the application of the Foreign Subsidies Regulation ("FSR")....more
3/12/2025
/ Competition ,
Corporate Sales Transactions ,
EU ,
European Commission ,
Foreign Investment ,
Foreign Subsidies ,
Merger Agreements ,
National Security ,
Public Procurement Policies ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements
The Situation: On September 17, 2024, European Commission President Ursula von der Leyen unveiled her new proposed College of Commissioners and announced key European Union ("EU") policy priorities for the next five years....more
9/27/2024
/ Acquisition Agreements ,
Corporate Counsel ,
Digital Marketplace ,
Digital Services ,
EU ,
European Commission ,
Horizontal Merger Guidelines ,
Merger Agreements ,
Merger Controls ,
Policies and Procedures ,
Trade Agreements
The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more
The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more
In Short -
The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more
8/15/2023
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
EU Merger Directive ,
European Commission ,
European Court of Justice (ECJ) ,
Horizontal Mergers ,
Judicial Review ,
Merger Controls ,
UK
In Short -
The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...more
In Short -
The Development: The European Commission ("EC") has published highly anticipated draft guidelines ("Draft Guidelines") detailing a new antitrust exemption for agreements in the agriculture and food supply chain...more
In Short -
The Situation: The European Commission ("EC") is expected to release guidelines regarding a newly introduced exemption to the EU antitrust rules for certain agreements aimed at achieving the EU's sustainability...more
The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more
8/12/2021
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
European Commission ,
International Trade ,
Most-Favored Nations ,
Safe Harbors ,
Sales & Distribution Agreements ,
Supply Chain ,
V-BER (Vertical Block Exemption Regulation)
New law regulates commercial dealings between suppliers and comparatively larger buyers of food and agricultural products.
Germany passed a new law, Agrarorganisationen-und-Lieferketten-Gesetz ("AgrarOLkG"), the...more
The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC's regulatory...more
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
7/21/2020
/ Apple ,
BEPS ,
Corporate Taxes ,
EU ,
European Commission ,
Fiat ,
Government Investigations ,
Member State ,
OECD ,
Popular ,
Starbucks ,
State Aid ,
Transfer Pricing ,
Treaty on the Functioning of the European Union (TFEU)
In December 2018, the French Competition Authority ("FCA") published a notice clarifying the FCA's settlement procedure in competition cases ("Notice"). The FCA’s General Rapporteur may offer settlement to companies that...more
The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more
9/7/2018
/ Antitrust Provisions ,
Automotive Industry ,
Competition ,
Competition Authorities ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
EU ,
FRAND ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Monopolization ,
Popular
The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more
8/31/2018
/ Automotive Industry ,
Connected Cars ,
Driverless Cars ,
EU ,
European Commission ,
FRAND ,
Intellectual Property Protection ,
Internet of Things ,
IP License ,
Patents ,
Popular ,
Regulatory Oversight ,
Safety Standards ,
Telecommunications
On May 10, 2017, the European Commission published its long-awaited Final Report on the 2015 E-commerce Sector Inquiry ("Report"). The Report highlights the Commission's enforcement priorities in the online markets for...more
In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will...more
5/22/2017
/ Anti-Competitive ,
Antitrust Provisions ,
Banks ,
Borrowers ,
Comment Period ,
Competition Authorities ,
Enforcement Actions ,
EU ,
European Commission ,
France ,
Germany ,
Government Studies ,
Infringement ,
Loans ,
Netherlands ,
Notice and Comment ,
OECD ,
Poland ,
Spain ,
Syndicated Loans ,
UK