The European Commission has published for public consultation its long-awaited draft Guidelines on exclusionary abuses (draft Guidelines). The draft Guidelines aim at making it faster and easier for the Commission to pursue...more
The European Commission (EC) has issued preliminary clarifications concerning the distortion test under the new Foreign Subsidies Regulation (FSR). These preliminary clarifications come only a year after the FSR came into...more
The European Court of Justice has issued its judgment in Deutsche Telekom confirming that the European Commission must pay “a standard rate” of interest to companies that have been awarded a reduction or annulment of their...more
The European Commission has launched its first investigation into a non-EU country's procurement practices leveraging its new tool, the International Procurement Instrument. This investigation looks at the public procurement...more
The first months of application of the EU Foreign Subsidies Regulation (FSR) have involved a large number of notifications, lengthy and wide-ranging requests for information, and the opening of the first in-depth...more
The Petition -
On February 14, 2024, Cornerstone Chemical Company ("Petitioner") filed an antidumping duty ("ADD") petition on imports of melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago...more
2/16/2024
/ Anti-Dumping Duty ,
Countervailing Duties ,
Deadlines ,
Exports ,
Germany ,
Imports ,
India ,
International Trade Commission (ITC) ,
Japan ,
Material Suppliers ,
Netherlands ,
Qatar ,
U.S. Commerce Department
The UK's Competition and Markets Authority (the "CMA") has published a research report on competition and market power in labour markets. The report is likely to reinforce the CMA’s determination to use its competition law...more
On 21 December 2023, the European Court of Justice ("ECJ") issued three decisions in three separate cases concerning the discretionary power of sports federations to prevent alternative competitions and to otherwise impose...more
The EU's new Foreign Subsidies Regulation (FSR), which came into effect on July 12, 2023, marks the European Commission's attempt to level the playing field by addressing the potential distortive effects of non-EU subsidies...more
12/18/2023
/ Acquisitions ,
Capital Markets ,
Disclosure Requirements ,
EU ,
European Commission ,
Filing Requirements ,
Foreign Subsidies ,
Mergers ,
Regulatory Requirements ,
Required Forms ,
Taiwan
On 7 December 2023, the EC published new guidelines on when farmers and agriculture related businesses can, subject to certain conditions, enter into cooperation agreements on sustainability without breaching EU competition...more
The past two years have witnessed significant geopolitical fracturing and macroeconomic difficulties that continue to hamper certain dealmaking. Several sectors have posted transactional lows throughout 2023, and persistent...more
12/11/2023
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border Transactions ,
Debt Financing ,
EU ,
Foreign Direct Investment ,
Foreign Subsidies ,
Global Dealmaking ,
Hong Kong ,
International Trade ,
Mergers ,
Regulatory Agenda ,
Taiwan ,
Trade Secrets ,
United States
The EU's Carbon Border Adjustment Mechanism ("CBAM") reporting obligations started applying from 1 October 2023. As the first reports are due in January 2024, the Commission has released a list of some of the most frequently...more
The EU's Carbon Border Adjustment Mechanism (the "CBAM") reporting obligations started applying from 1 October 2023. The final CBAM Implementing Regulation introduces further insight and key clarifications.
The CBAM...more
Chief negotiators from Mercosur and the European Union (EU) met in Brasilia, Brazil earlier this month to resume attempts to conclude an inter-regional free trade agreement (FTA) after new proposals from both sides tabled...more
On 4 October 2023, the European Commission initiated an anti-subsidy investigation that could lead to increased tariffs on imports of Chinese electric vehicles to the European Union and has broader implications for the global...more
The EU's new Deforestation Regulation requires companies trading in cattle, cocoa, coffee, oil palm, rubber, soya and wood, as well as products derived from these commodities, to conduct extensive diligence on the value chain...more
The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint.
The Foreign Subsidies...more
The adopted FSR Implementing Regulation contains important changes compared to the draft published in February 2023. The focus of the FSR filings for M&A deals and public tenders in the EU will be on companies' foreign...more
The application of the EU's Carbon Border Adjustment Mechanism ("CBAM") is fast approaching for importers and manufacturers of products in the cement, fertiliser, iron, steel, aluminium, hydrogen and electricity producing...more
Solar panels, wind turbines, heat pumps and batteries are all made of metal and—unlike a barrel of oil or ton of coal—metals can be recycled. Countries heavily dependent on imports of crucial decarbonisation minerals are...more
5/4/2023
/ Batteries ,
Capital Markets ,
Carbon Emissions ,
Coal ,
Energy Sector ,
EU ,
Hydrogen Power ,
Imports ,
Metals ,
Recycling ,
Solar Panels ,
Wind Power
On 9 March 2023, the European Commission adopted the Temporary Crisis and Transition State aid Framework ("TCTF") aimed at boosting and retaining clean tech investments in Europe. The TCTF marks an unprecedented loosening of...more
3/28/2023
/ Batteries ,
Carbon Capture and Sequestration ,
Clean Energy ,
Energy Sector ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Greenhouse Gas Emissions ,
Renewable Energy ,
Solar Panels ,
Technology Sector ,
Wind Power
On December 13, 2022, the Council of the European Union ("the Council") and European Parliament came to a provisional agreement on the final text of a Carbon Border Adjustment Mechanism ("CBAM") regulation. The compromise...more
On 6 February 2023, the European Commission launched a four-week public consultation on the draft Implementing Regulation on proceedings under the Foreign Subsidies Regulation (FSR). Whilst the Commission has made an effort...more
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 12 January 2023, the EU Court of Justice upheld the EU General Court’s judgment imposing a fine on Lithuanian Railways for dismantling a section of railway track. While reaffirming its essential facility case law...more