In the context of a dawn raid under the EU Foreign Subsidy Regulation (FSR), the EU General Court (GC) has refused to suspend the European Commission (EC)’s request to access employees’ mailboxes located in China....more
On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more
1/26/2024
/ Biden Administration ,
Critical Infrastructure Sectors ,
Dual Use Goods ,
EU ,
EU Screening Regulation ,
European Commission ,
European Court of Justice (ECJ) ,
Executive Orders ,
Export Controls ,
Foreign Direct Investment ,
Foreign Investment ,
Greenfield Projects ,
Indirect Investors ,
International Harmonization ,
Investors ,
Member State ,
New Regulations ,
Research and Development ,
Risk Assessment ,
Semiconductors ,
Sensitive Personal Information ,
Technology Sector ,
Treaty on the Functioning of the European Union (TFEU)
The European Commission (EC)’s third annual report on EU foreign direct investment (FDI) screening covers the operation of the screening mechanism in 2022. Together with a Commission Staff Working Document, it details...more
Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more
On 6 February 2023, the European Commission (EC) launched a public consultation on a draft implementing regulation (IR) which sets out procedural rules relating to the EU Foreign Subsidies Regulation (FSR)....more
With the EU FDI Regulation close to celebrating its second year anniversary, the European Commission (EC) has published its second annual report on EU FDI screening covering the operation of the mechanism in 2021. In...more
On 1 March 2022, the European Commission published for consultation draft revised Horizontal Block Exemption Regulations on research & development and specialisation agreements as well as draft revised Guidelines on...more
The tightening of controls on foreign direct investment (FDI), on national security or national interest grounds, is having a significant impact on technology transactions – a trend that is only likely to grow....more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. ...more
6/2/2021
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
EU ,
European Commission ,
Merger Controls ,
Mergers ,
Popular ,
UK ,
UK Competition and Markets Authority (CMA)
On 5 May 2021, the European Commission (EC) published a draft Regulation aimed at remedying distortions in the EU single market caused by companies receiving subsidies from non-EU entities.
...more
The European Commission published on 19 April 2021 a template notification form that EU Member States should use in the context of the cooperation mechanism put in place by the EU FDI Regulation....more
The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19...more
The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19...more
The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19...more
The European Parliament approved on 14 February 2019 a new Regulation, aimed at harmonizing and coordinating the various national foreign investment screening mechanisms across the economic bloc. The Regulation does not...more
The Chinese merger control landscape evolves as MOFCOM is replaced by the newly created State Administration for Market Regulation (SAMR) as the country’s merger control agency. This change becomes fully effective on 14 May...more
China’s National Development and Reform Commission released the Administration Measures for Outbound Investments of Enterprises on 26 December 2017. This legislation further streamlined the approval/filing process for...more
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
Speed read -
On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”)...more
On 22 February 2017, at the 26th session of the Standing Committee of the 12th National People’s Congress (NPC) of China, the State Council put forth a bill to amend the Law Against Unfair Competition (LAUC). The bill was...more
The three Chinese antitrust authorities – Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) – overall remained very active in...more
China’s MOFCOM continues to actively pursue companies failing to notify deals. Three new fine decisions published on 3 May 2016 illustrate a trend toward enhanced scrutiny and greater severity. Companies are targeted...more
Over the last two years, China has ramped up its efforts with antitrust enforcement. This also includes IP related abuse. But what does IP abuse mean? IP law confers the right to exclude – which means that an IP owner can...more
Speed read -
The European Commission took into account the revenues of all Chinese SOEs active in the energy industry to establish jurisdiction for merger control of a transaction....more
Two successive decisions from the SAIC and the NDRC, the Chinese antitrust agencies in charge of prosecuting cartels and abuses of dominance, in the same matter concerning allopurinol, a commonly used generic pharmaceutical...more