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K&L Gates LLP

Encouraging Signs From the European Commission's First Conditional Clearance of an Acquisition Under the Foreign Subsidies...

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The Foreign Subsidies Regulation that entered into full effect late in 2023, added a third layer of regulatory scrutiny for large European Union (EU) Mergers and Acquisitions, in addition to merger control and foreign...more

Jones Day

European Commission President Unveils Proposed New Team of EU Commissioners and Political Priorities

Jones Day on

The Situation: On September 17, 2024, European Commission President Ursula von der Leyen unveiled her new proposed College of Commissioners and announced key European Union ("EU") policy priorities for the next five years....more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds Commission’s Power To Demand Data Held by Foreign Companies

In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more

White & Case LLP

The EC sheds light on the key concept of distortion under the EU Foreign Subsidies Regulation

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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

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - July 2024

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

A&O Shearman

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

A&O Shearman on

On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

Wilson Sonsini Goodrich & Rosati

EU AI Act to Enter into Force in August

On July 12, 2024, the European Union’s (EU) Artificial Intelligence Act (AI Act) was published in the Official Journal of the EU. This was the last step for the AI Act to become law. The AI Act will enter into force 20 days...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Enacts a New Digital Regime Regulating the Conduct of Major Tech Platforms

The Digital Markets, Competition and Consumers Act (DMCC or the Act), adopted on 24 May 2024, empowers the Competition and Markets Authority (CMA) to regulate the conduct of major tech platforms....more

White & Case LLP

Labour related agreements in the European Commission’s antitrust spotlight: New Policy Brief on Antitrust in Labour Markets

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Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing...more

Wilson Sonsini Goodrich & Rosati

EU AI Act Is Now Adopted

On May 21, 2024, the Council of the European Union (the Council) formally signed off on the latest draft of the European Union’s (EU) Artificial Intelligence Act (AI Act) (see the press release here). This marks the final...more

Orrick, Herrington & Sutcliffe LLP

The EU AI Act: New Investigative Powers for the European Commission – What AI Providers Should Know

The EU AI Act grants the European Commission new investigative and enforcement powers over providers of some AI technologies, including general-purpose AI models such as generative AI products. The Commission has previously...more

Mayer Brown

EU Bans Products Made Using Forced Labour – What Should Companies Expect?

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On March 5, 2024, the European Parliament and the Council of the European Union reached a "political agreement" on a Regulation prohibiting products made with forced labour ("the EU Forced Labour Regulation" or "the EUFLR")...more

Morrison & Foerster LLP

Full Steam Ahead for Cartel Enforcement in 2024

As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: Court Opinion Could See an End to the EU Commission’s Expansive Merger Review Policy

On March 21, 2024, an adviser to the EU’s highest court, the Court of Justice of the European Union (CJEU), proposed setting aside the judgment of the lower court in Illumina v Commission. The General Court (GC) had...more

Cooley LLP

EU Reaches Provisional Agreement on Banning Products Made With Forced Labour

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On 5 March 2024, European Union legislators reached provisional agreement on new rules that, once formally adopted, will ban products made with forced labour from being placed or made available on the EU market or exported...more

Mayer Brown

EU Political Agreement on Forced Labor Product Ban

Mayer Brown on

On March 5, 2024, the European Parliament and the Council of the European Union reached a "political agreement" on a Regulation prohibiting products made with forced labor on the European Union ("EU") market. While binding...more

Orrick, Herrington & Sutcliffe LLP

The Digital Services Act Takes Full Effect: 5 Takeaways for Businesses

The European Commission’s Digital Services Act (DSA) came into effect for very large online platforms and very large online search engines last year and became fully applicable on Saturday 17 February 2024. As online service...more

Latham & Watkins LLP

European Parliament and Council Reach Political Agreement on Right to Repair Directive

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The directive aims to reduce waste and bolster the repair sector. On 2 February 2024, the European Parliament (Parliament) and European Council (Council) reached a provisional deal on a directive promoting the repair of...more

Sheppard Mullin Richter & Hampton LLP

The EU Commission Gets Serious About Foreign Direct Investment Screening

As part of its European Economic Security Package, the European Commission (‘Commission’) has recently proposed a number of legislative proposals and White Papers intended to better protect Europe’s strategic interests...more

Morgan Lewis

Global Cartel Enforcement Report 2023

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In 2023, cartel fines in key jurisdictions increased by 7.7%—totaling $1.4 billion—compared to 2022. While the totals remain significantly below the peaks seen in the mid-2010s, 2023 saw record fines imposed in several...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU and UK Merger Regulators Look Beyond Horizontal and Vertical, With Digital ‘Ecosystems’ a New Focus

Key Points - - EU competition regulators are increasingly considering “ecosystems” of products and services in their analysis of the competitive impact of mergers — a framework that often does not fit with the historical...more

Alston & Bird

Companies Prepare for Change as EU Legislators Agree on EU Artificial Intelligence Act

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On December 8, 2023, following marathon negotiations, European Union (‘EU’) legislators reached a political agreement on the much-anticipated EU Artificial Intelligence Act (‘AI Act’). The AI Act is billed as the first...more

White & Case LLP

The Data Act – the EU's bid to "ensure fairness in the digital environment and a competitive data market" – has been adopted

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On November 27, 2023, the European Union ("EU") adopted the final text of the Data Act, marking an effort to create a harmonized, cross-sectoral data sharing framework with the stated goal of ensuring fair access to and use...more

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