European Commission

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Capital Markets Union: the EU’s Next Focus for Reforms

On 18 February 2015, the European Commission published a green paper on building a Capital Markets Union, alongside two complementary consultation papers on a revised EU framework for securitisation and a review of the...more

"European Commission Competition Law Enforcement to Focus on E-Commerce Restrictions"

E-commerce is at the top of the European Commission’s agenda, and recent developments suggest it will remain a priority. Several European Union member states have already taken an active interest in the issue. ...more

EU Competition Commissioner proposes a competition inquiry in the e-commerce sector

On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed...more

Luxleaks - Challenging the challenges to tax rulings in the EU

The European Commission's recent state aid crusade against so-called sweet deals in the form of tax rulings may have unwelcome consequences never contemplated by the Commission....more

Germany's safe harbors to its net operating loss carryover limitation rules – or: let's make a law

Historically – meaning until the end of 2007 – the German corporate tax law provided for limitation rules on the use of tax-wise net operating loss carryovers of a corporation, where the "loss corporation," after a change in...more

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

FCA Study on Competition in Investment and Corporate Banking Services - The FCA has announced plans to launch its first wholesale market study into investment and corporate banking to assess whether competition in the...more

The European Commission’s Enforcement Priorities and the Debate on the Reform of the EU Merger Control Regulation

EU merger control celebrates its 25th anniversary this year. On 13 March 2015, the EU Commissioner for Competition Margrethe Vestager gave a speech on merger reform and market definition noting that, although there is no room...more

European Commission Unveils Tax Transparency Package

The European Commission has laid out its plans in a new Tax Transparency Package to clamp down on tax deals made between EU governments and multi-national corporations. As of next year, EU members would have to declare their...more

European Commission Plans to Vet Gas and Energy Contracts and Its Approach to Russian Suppliers

A proposal to grant the European Commission a role in vetting gas supply contracts across the EU has been met with fierce resistance from the member states. The current proposal is another element of the EU’s broader...more

EU Customs Practice Group

In This Issue: - EU CUSTOMS POLICY: ..Commission Report on Customs 2013 programme - TARIFFS: ..Duty suspension and tariff quotas ..EU duty suspension for certain heavy oils ..FTA update -...more

Prospectus Directive: Commission Consultation

On February 18, 2015, the European Commission published a consultation paper on the review of the Prospectus Directive (2003/71/EC). Matters on which the Commission seeks views include: When a prospectus is needed....more

One Less Carrot for Business:  Council of European Union Limits the “One-Stop Shop” Mechanism in the Draft Data Protection...

The draft Data Protection Regulation doesn’t offer many carrots to business – and a recent announcement by the Council of the European Union takes away one of the biggest carrots, the “One-Stop Shop” mechanism....more

Structured Thoughts - Volume 6 , Issue 2 - March 2015

In This Issue: - FCA Publishes Thematic Review on Structured Product Development and Governance - EU Commission Review of Prospectus Directive - SEC Issues Investor Bulletin Relating to Structured Notes -...more

EUROPE: New Provisions on Customer Protection in the Proposed EC Regulation

The Legislative Resolution of the European Parliament dated April 3rd, 2014 relating to the telecom sector, following the European Commission’s proposed “Connected Continent Legislative Package” dated 2013, includes a wide...more

Alert: The Second Payment Services Directive

The first Payment Services Directive (PSD1) was proposed by the European Commission in 2005, and adopted by the European Parliament and Council in 2007. ...more

European Competition Law Newsletter – March 2015

A recent European Commission (EC) fining decision against UK-based broker ICAP confirms that companies which merely facilitate a cartel will be tarred with the same brush as those which actually engage in the cartel. The...more

A Buttonwood Tree Sprouts in Europe: What the EU’s Proposed Capital Markets Union Means for You

On Wednesday, February 18, the European Commission (“EC”) launched its ambitious “Green Paper” consultation for the creation and completion of a European Union (“EU”)-wide Capital Markets Union (“CMU”). The release of the...more

A European Prospectus Revolution?

The EU prospectus regime, based on Directive 2003/71/EC (the “Prospective Directive”) as amended, has been in place now for nearly 10 years and was due to be reviewed by the European Commission by 1 January 2016. However, the...more

FMLC Publishes Letter to European Commission on Reporting and Transparency of Securities Financing Transactions

On February 10, the UK Financial Markets Law Committee (FMLC) published a letter to the Director-General for Financial Stability, Financial Services and Capital Markets Union of the European Commission. The letter discusses...more

European Commission Publishes Green Paper on Building a Capital Markets Union

On February 18, the European Commission published a green paper on building a Capital Markets Union. The green paper identifies a number of key priorities to create a fully integrated single market for capital....more

EU Art. 29 Working Party Letter on Health Data and Apps

The EU Article 29 Working Party (“WP29”) has published a letter to the European Commission (“EC”) on the scope of health data in relation to lifestyle and well-being apps, following the EC’s Working Document on mHealth and...more

ESMA Publishes Technical Advice on New EU Market Abuse Regime

On February 3, the European Securities and Markets Authority (ESMA) published its final report to the European Commission (EC) with technical advice on possible new secondary legislation under the European Union’s Market...more

Financial Services Regulation: Exchange International Newsletter - Issue 25 - February 2015

DLA Piper’s Financial Services International Regulatory team welcomes you to the twenty-fifth edition of ‘Exchange – International’ – an international newsletter designed to keep you informed of regulatory developments in the...more

EU General Court Upholds Finding of Irish Airline Tax as State Aid but Annuls Recovery Decision

In the parallel judgments T-473/12 and T-500/12 handed down on 5th February 2015, the EU General Court upheld the European’s Commission’s finding that the Irish airline tax constituted State aid. The Court confirmed that the...more

Retailers Need To Prepare For The New EU Data Protection Regulation

By now, everyone has heard of the draft EU Data Protection Regulation that is expected to replace the current Data Protection Directive, which dates from 1995. The key innovative provisions in the Regulation will...more

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