On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK. In March 2022, the CMA...more
On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by...more
The EU "Fit for 55" package, if adopted, will significantly reshape environmental regulation in Europe, with impact beyond the EU's borders. In this alert, we focus on developments in two of the most impactful files, the...more
7/8/2022
/ Carbon Emissions ,
Carbon Taxes ,
Climate Change ,
Emissions Trading System ,
Environmental Policies ,
EU ,
European Commission ,
Greenhouse Gas Emissions ,
Imports ,
Popular ,
Supply Chain
The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission1 is the first...more
6/17/2022
/ Anticompetitive Behavior ,
Apple ,
Business Disputes ,
Business Litigation ,
Corporate Counsel ,
Due Process ,
EU ,
European Commission ,
Foreclosure ,
Qualcomm ,
Right of Access ,
Third-Party
On 23 February 2022, the European Commission ("Commission") issued its long-awaited Proposal for a Directive on Corporate Sustainability Due Diligence to tackle human rights and environmental impacts across global value...more
On 26 January 2022, the EU's General Court (GC) annulled the European Commission's (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes. The judgment demonstrates that the European Courts...more
1/28/2022
/ Anti-Competitive ,
Burden of Proof ,
EU ,
European Central Bank ,
European Commission ,
Fines ,
General Court of the European Union (GCEU) ,
Intel ,
Rebates ,
Standard of Proof ,
Treaty on the Functioning of the European Union (TFEU)
On 17 November 2021, the European Commission ("Commission") announced a Proposal for a new Regulation to curb global deforestation and forest degradation driven by European Union ("EU") consumption of certain commodities....more
As a key part of the "Fit for 55" European Green Deal package, the European Commission has published its controversial proposal for a carbon border adjustment mechanism ("CBAM"). The CBAM, if adopted, will impose a levy on...more
On 5 May 2021, the European Commission ("Commission") issued a proposal for a far-reaching Regulation to tackle foreign subsidies, which, if adopted, will increase the regulatory risk for companies operating or investing in...more
5/10/2021
/ Competition ,
Corporate Counsel ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Joint Venture ,
Mergers ,
Proposed Regulation ,
Public Consultations ,
Public Procurement Policies
On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission's decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement...more
On 30 December 2020, the EU and China agreed in principle on a Comprehensive Agreement on Investment ("CAI"). The text of the agreement is not yet available,1 but the European Commission called it "the most ambitious...more
After countless deadlines have come and gone, with a deal 90% done but three intransigent sticking points, on 24 December 2020 the UK and EU finally announced "agreement in principle" had been reached on their future...more
The European Commission and the EU's Foreign Policy High Representative have put forward a proposal for a new, non-country-based sanctions programme to address human rights violations and abuses with asset freezes and travel...more
On 3 September 2020, the European Commission presented its Action Plan on Critical Raw Materials to secure the European Union's access to critical raw materials and reduce its dependency on third countries. The proposed...more
For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...more
9/23/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Apple ,
Automotive Industry ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidies ,
FRAND ,
Google ,
Internet of Things ,
Microsoft ,
Mobile Apps ,
Qualcomm ,
Risk Assessment ,
Risk Mitigation ,
Taiwan ,
Technology Sector
On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more
6/19/2020
/ Acquisitions ,
Antitrust Provisions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Merger Controls ,
Mergers ,
Public Consultations ,
Screening Procedures ,
WTO
On 2 June 2020, the European Commission published its roadmap on the possible introduction of a ‘new competition tool’ that would allow it to initiate market investigations into perceived structural competition problems, with...more
The European Commission is moving quickly in a new investigation, seeking interim measures for the first time in two decades -
The European Commission attracts plaudits from some commentators for its ability to undertake...more
9/17/2019
/ Anticompetitive Behavior ,
Antitrust Investigations ,
Broadcom ,
EU ,
European Commission ,
Expedited Actions Process ,
Infringement ,
Interim Measures ,
Irreparable Harm ,
Taiwan ,
Technology Sector
The United Kingdom (UK) leaving the European Union (EU) will inevitably result in difficulties for businesses using UK content in their products for export under EU Free Trade Agreements, or for UK businesses using EU content...more
4/2/2019
/ Component Parts Doctrine ,
Country of Origin ,
EU ,
European Commission ,
Exports ,
Free Trade Agreements ,
No-Deal Brexit ,
Suppliers ,
Supply Contracts ,
Tariffs ,
UK ,
UK Brexit
On 14 March 2019, the EU Horizontal Safeguard Regulation 2019/287 ("HSR") entered into force to streamline the implementation of bilateral safeguard measures in EU trade agreements concluded with third countries....more
On 16 January 2019, the Court of Justice of the European Union ("CJEU" or "Court") dismissed the European Commission's appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed...more
1/18/2019
/ Annulment ,
Anti-Competitive ,
Antitrust Investigations ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Damages ,
Disclosure Requirements ,
EU ,
European Commission ,
Mergers ,
Reversal ,
Right of Defence ,
TNT ,
Transparency ,
Treaty on the Functioning of the European Union (TFEU) ,
UPS