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ESG: EU's Proposal on Corporate and Supply Chain Due Diligence

On 23 February 2022, the European Commission (“Commission”) adopted a proposal for a Corporate Sustainability Due Diligence Directive (“Proposed Directive”) laying down new obligations for large companies to ensure that their...more

ESG: The EU’s Agenda for 2022 - What You Need to Know

The year 2021 was a prolific one for environmental, social and governance (ESG) in the EU. The year 2022 looks just as productive for the EU legislature....more

The Intel Judgment: (Re)balancing the Burden of Proof

On January 26, the General Court (GC) of the European Union issued a judgment on remand, annulling the €1.06 billion fine that the European Commission (EC) had imposed on Intel in 2009. Companies commonly use rebates to...more

Top EU Court rules on the EU Blocking Regulation against U.S. sanctions for the first time

Top EU Court Rules on the EU Blocking Regulation Against US Sanctions for the First Time - On December 21, 2021, the Court of Justice of the European Union (CJEU), sitting as a “Grand Chamber” (a formation used, among...more

One More Step towards Sustainable Finance in the European Union

On 9 December 2021, the European Commission’s (“Commission”) EU Taxonomy Climate Change Delegated Act (“DA”) was published in the Official Journal of the EU after being approved by the European Council. It will enter into...more

EU Court Tightens Gun Jumping Rules

On 22 September 2021, the EU’s second-highest court, the General Court, confirmed the European Commission’s 2018 decision (Case T-425/18—Altice Europe v. Commission) imposing an EUR 124 million fine on Altice Europe NV...more

Lock, Stock and Two Smoking Notifications: The Proposed European Regulation on Foreign Subsidies

The European Commission has published a far-reaching proposal for a regulation to tackle foreign subsidies affecting the EU internal market. This proposal appears as a game changer for foreign direct investment. If adopted,...more

European Commission adopts and publishes new Standard Contractual Clauses for international transfers of personal data

On June 4th, 2021, the European Commission adopted and published a new set of so-called standard contractual clauses (“SCCs”) providing a legal basis for international transfers of personal data from the EU/EEA to third...more

Antitrust and Competition: Investment Firms Voting Rights - The Devil is in the Potential Antitrust Liability

On January 27, 2021, the Court of Justice of the European Union (“CJEU”) issued an important ruling regarding an investment fund’s liability for the cartel behaviour of an affiliate. The CJEU confirmed that an investment fund...more

EU High Court Strikes Down Privacy Shield, Standard Contractual Clauses Remain in Place

The European Court of Justice (the “Court”) issued the long-awaited “Schrems II” decision. (see Facebook Ireland Ltd. v. Maximillian Schrems).   In its decision, the Court (1) struck down the Privacy Shield program that...more

COVID-19: EU Temporary Antitrust Framework For Essential Cooperation

On April 8, 2020 the European Commission (the ‘EC’) published a temporary antitrust framework for assessing business cooperation to ensure the supply of “essential scarce products and services” during the COVID-19 outbreak...more

EC Rapidly Approves 21 State Aid Schemes under the Temporary Framework

In the week following the adoption of the Temporary Framework for EU State aid measures to counter the economic impact of the COVID-19 pandemic on March 19, 2020,1 the European Commission (the ‘EC’) has approved twenty-one...more

GDPR in Times of Pandemic

Throughout the world, the coronavirus pandemic is creating enormous challenges. While data protection is not the main concern, the European Data Protection Authorities (DPAs) made it clear that the European General Data...more

COVID-19: A summary of recent European antitrust action on related business conduct

The European Competition Network of the 27 EU Member State Antitrust Authorities (the ‘ECN’), several individual EU Member State antitrust authorities, the UK’s antitrust authority and Norway’s government have issued...more

State Aid to Counter the Effects of COVID-19 Under the EU Rules

The COVID-19 crisis is first and foremost a health issue, as governments around the world seek to limit and treat its effects and save lives. However, it is also an immediate economic and social issue, as companies and...more

European Data Protection in Times of Pandemic

Throughout the world, the coronavirus pandemic is creating enormous challenges. While data protection is not the main concern, the European Data Protection Authorities (DPAs) made it clear that the European General Data...more

The European Data Protection Board Unveils Its Work Program Until 2020

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, unveiled a two-year work program on February 12, 2019....more

The Legal Basis for Processing Personal Data in the Context of Clinical Trials in the EU: The European Data Protection Board...

On January 23, 2019, the European Data Protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, adopted an Advisory Opinion...more

Data Protection Rules Could Seriously Impede Clinical Trials in Europe

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, recently adopted an Advisory Opinion (“Opinion”) on...more

The European Data Protection Board’s Second Report on the EU-U.S. Privacy Shield

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities, and the European Data Protection Supervisor, adopted its report on the second annual review of the...more

The European Commission Adopts Adequacy Decision on Japan

On January 23, 2018, the European Commission (“EC”) adopted its adequacy decision on Japan. Japan issued an equivalent decision regarding data transfers from Japan to the European Union on the same day. This means that...more

The European Commission Launches a Public Consultation on Connected and Automated Vehicles

On October 24, 2018, the European Commission (“EC”) opened a Public Consultation on a Recommendation that will identify the main challenges linked to the deployment of connected and automated vehicles. Stakeholders, including...more

Disincentives to Leniency: Expect Fewer Golden Eggs if You Harass the Goose

The EU Commission’s anticartel enforcement activities have benefitted tremendously from its decision to adopt the philosophy behind the US DOJ’s highly successful leniency programme and make a clear promise of no fines for...more

8-in-8 Recent Trends in European Law and Policy Alert Series Update: Competition and Big Data - Recent Developments in Europe

This is the seventh issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series. Our attorneys will share insights on current and emerging issues affecting companies doing business in Europe and across...more

8-in-8 Recent Trends in European Law and Policy Alert Series Update on EU Clearance for M&A Deals

Obtaining the European Commission’s (EC’s) approval for a merger or acquisition sometimes can be a time-consuming and costly procedure. This latest issue of WilmerHale’s 8-in-8 alert series on European Law and Policy examines...more

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