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European Commission Proposes Further Prohibitions of Territorial Restrictions on Branded Products

Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more

Germany to Facilitate the Collective Pursuit of Antitrust Damages Claims

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

European Union Adopts Strategy to Develop Carbon Capture and Storage Technologies

The European Commission ("Commission") adopted an Industrial Carbon Management Communication ("Communication") on 6 February 2024, outlining the Commission's ambitions for a strategy to boost the deployment of technologies in...more

European Commission Unveils Plan Aimed at Strengthening Economic Security

The Development: On January 24, 2024, the European Commission ("EC") unveiled a package of five fresh initiatives aimed at strengthening the European Union's ("EU") economic security (the "Package"). This will likely increase...more

Class Actions Worldview: A Study of Trends Around the Globe, Part III—Australia, Germany, and France - December 2023

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Ireland Introduces Foreign Investment Screening Regime

The Development: The Screening of Third Country Transactions Act 2023 (the "STCT Act") was signed into law on October 31, 2023, introducing a new investment screening regime in the Republic of Ireland ("Ireland") with a...more

European Commission Signals Increased Scrutiny in Semiconductors, AI, Quantum Technologies, and Biotechnologies

On October 3, 2023, the European Commission ("Commission") unveiled a list of 10 technology areas qualified as "critical" to the European Union's ("EU") economic security, out of which four (Semiconductors, AI, Quantum...more

The Rise of US-Style Class Actions in the UK and Europe

Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more

Luxembourg Adopts New Foreign Direct Investment Screening Regime

In Short - The Background: Luxembourg has introduced a new foreign direct investment regime with a suspensory mandatory notification requirement in relation to investments in a broad range of sectors....more

ECJ Clarifies Conditions Under Which Member States Can Block Foreign Direct Investments

In Short - The Situation: On July 13, 2023, the European Court of Justice ("ECJ") issued a judgment (Case C-106/22 - Xella) clarifying the conditions under which EU Member States may screen and block foreign direct...more

Belgian Foreign Investment Screening Law Takes Effect

In Short - The Development: The new Belgian foreign direct investment screening law ("FDI Regime") imposes preclosing filing requirements on non-EU investments into various industry sectors in Belgium, including energy,...more

Spain Approves New Foreign Direct Investment Regulation

In Short - The Development: The Spanish government adopted a new foreign direct investment ("FDI") implementing regulation ("Regulation") that clarifies key concepts of the existing law, such as investment, investors, and...more

EU Releases Draft Antitrust Exemption Guidelines for Sustainability Agreements in the Agri-Food Industry

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

Can't Make an Omelette Without Breaking Eggs: Will Farm-to-Fork Crack European Antitrust?

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

Germany Adopts EU Unfair Trade Rules for Buyers of Food and Agricultural Products

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

Dutch Government Plans Retroactive Foreign Investment Screening in View of COVID-19 Crisis

Proposed retroactive application could expose investments made as from June 2, 2020, to ex post scrutiny. On June 2, 2020, the Dutch Government ("Government") announced that it plans to apply a proposed comprehensive...more

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