News & Analysis as of

European Commission

European Commission Proposes Framework to Screen Certain Foreign Direct Investments

by Latham & Watkins LLP on

Proposal coordinates existing national screening mechanisms, grants the Commission powers to review investments of “Union interest.” European Parliament and Member States’ approval still required. Key Points: On 13...more

Updated Draft of ePrivacy Regulation: Still Hampering Innovation

by Reed Smith on

On 8 September 2017, the European Council published its first revisions (“Revised Draft”) to the draft EU ePrivacy Regulation (version COM(2017) 10 of 10 January 2017, “ePrivacy Regulation”). The Revised Draft is based on the...more

Chinese Buyers Act Quickly – Parallel UK & EU Foreign Takeover Control Systems Proposed

by Bryan Cave on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

by Jones Day on

The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

EC Begins Consultation on Revising Recommendation on Definition of Nanomaterial

by Bergeson & Campbell, P.C. on

On September 15, 2017, the European Commission (EC) began a public consultation on the revision of the 2011 EC Recommendation on the definition of nanomaterial. The EC intended the definition to achieve consistent...more

European Commission Publishes Summary of FinTech Consultation

In March 2017, the European Commission published a consultation paper on FinTech, seeking input from stakeholders which could assist the European Commission’s policy approach towards technological innovation in the financial...more

EU State Aid Enforcement: What Multinationals Need to Know

In recent years, the European Commission (EC) has been actively enforcing European Union state aid violations, an area of law that is unique to Europe but has wide-ranging implications for multinationals with investments in...more

Europe Launches a New Cybersecurity Agency with Regulatory Authority

by K&L Gates LLP on

On 13 September 2017 the European Commission (“Commission” or “EC”) published a set of initiatives strengthening the EU cybersecurity strategy, mainly including: - A proposal for a “Cybersecurity Act”, consisting of a new...more

New Rules Promoting Free Cross Border Flow of Non-personal Data in the European Union

by K&L Gates LLP on

On September 13 the European Commission (“Commission” or “EC”) issued a proposal for a new Regulation on a framework for the free flow of non-personal data in the EU. ...more

New EU Law on the Screening of Foreign Direct Investments in Europe

• The European Commission has released a set of documents, including a proposal for an ‘FDI Regulation,’ which sets out an EU framework for screening foreign direct investments. • This proposal would grant the European...more

European Commission Proposes Screening Mechanism for Foreign Direct Investment into the European Union

by Jones Day on

The European Commission ("Commission") has published a legislative proposal that seeks to establish a screening framework across the European Union ("EU") for foreign direct investment ("FDI") that may affect security or...more

EuVECA and EuSEF amended: another opportunity to succeed?

by DLA Piper on

On 14 September the European Parliament approved a revised version of the so-called EuVECA and EuSEF regulations. The Regulations no. 345/2013 on European venture capital funds (EuVECA) and no. 346/2013 on European social...more

European Commission proposes common approach to foreign direct investment screening

by Allen & Overy LLP on

European Commission (EC) President Juncker has outlined legislative measures on the screening by EU Member States of foreign takeovers and investments. The new screening system aims to improve cooperation and coordination...more

EC Officially Adopts EDC Identification Criteria For BPR, and Other Recent BPR Developments

by Bergeson & Campbell, P.C. on

EC Officially Adopts EDC Identification Criteria For BPR: On September 4, 2017, the European Commission (EC) issued a press release entitled “Endocrine disruptors: adoption of scientific criteria for biocides.” The EC’s press...more

Cefic Provides Circular Economy Comments On EC’s Stakeholder Consultation, and Other Recent REACH Developments

by Bergeson & Campbell, P.C. on

Cefic Provides Circular Economy Comments On EC’s Stakeholder Consultation: In July, the European Chemical Industry Council (Cefic) provided comments in response to the European Commission’s (EC) “Stakeholder Consultation...more

European Commission proposes a Regulation establishing a framework for the review of foreign direct investments into the EU

by White & Case LLP on

Key Takeaways - Regulation introduces an EU review process with screening rights for the Commission, but without enforcement powers - Impact of Regulation expected to be largely procedural; practical consequences...more

European merger rules do not apply to non full-function joint ventures, ECJ clarifies

by Allen & Overy LLP on

On 7 September, the Court of Justice (ECJ) issued a preliminary ruling on the interpretation of the concept of concentration set out in Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings...more

European Commission Implementing Regulation Amending Implementing Regulation 2016/2070 Published in the OJ

The European Commission Implementing Regulation amending Implementing Regulation 2016/2070 in relation to benchmarking portfolios and reporting instructions under the CRD IV Directive (2013/36/EU) (Regulation 2017/1486) was...more

Competition News

by Dentons on

A look back on a decision imposing a fine on Facebook for having provided the European Commission with inaccurate information on its acquisition of WhatsApp - On May 18, 2017, the European Commission imposed a €110 million...more

New EU Securitisation Regulations to Alter Securitisation Markets

by Latham & Watkins LLP on

New rules will modify regulatory capital requirements for securitisation positions and unify risk retention practices. By year end, the European Commission (the EC) is expected to publish two new EU regulations in the...more

Privacy Shield Update: Ahead of First Joint Review, Europeans Remain Skeptical as FTC Announces Enforcement Actions

by BakerHostetler on

On September 8, 2017, the Federal Trade Commission (FTC) announced enforcement actions against three companies alleged to have falsely claimed participation in the EU-U.S. Privacy Shield Framework. The move follows several...more

EC4SafeNano Survey on Demand and Supply of Services in Nanosafety Ends September 15

by Bergeson & Campbell, P.C. on

Responses to the European Center for Risk Management and Safe Innovation in Nanomaterials and Nanotechnologies (EC4SafeNano) survey on demand and supply of services in nanosafety are due September 15, 2017. EC4SafeNano notes...more

Amendment to MiFID II – European Commission Adopts Delegated Regulation Amending Systematic Internaliser Definition

The European Commission published the text of a Delegated Regulation amending Delegated Regulation (EU) 2017/565 in relation to the specification of the definition of systematic internalisers on August 28, 2017. The...more

European Commission’s 6 Proposals for Post-Brexit Intellectual Property Rights

by Latham & Watkins LLP on

The European Commission (EC) has released a position paper on its objectives for the Article 50 Brexit negotiations with the UK regarding Intellectual Property Rights (IPRs). The EC has effectively set out six key principles...more

Antitrust Alert: European Court Of Justice Publishes Long-Awaited Judgment In The Intel Case

by Jones Day on

September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more

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Cybersecurity

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