On 6 May 2021, the European Commission ("Commission") published a staff working document ("SWD") on its evaluation of the horizontal block exemption regulations on research & development and specialisation agreements...more
On 5 May 2021, the European Commission ("Commission") issued a proposal for a far-reaching Regulation to tackle foreign subsidies, which, if adopted, will increase the regulatory risk for companies operating or investing in...more
5/10/2021
/ Competition ,
Corporate Counsel ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Joint Venture ,
Mergers ,
Proposed Regulation ,
Public Consultations ,
Public Procurement Policies
The latest amendment of the German FDI rules brings mandatory reviews for 16 additional "critical activities" – but also some welcomed clarifications. The amendment entered into force on May 1, 2021 and is applicable to all...more
The European Commission ("EC") is shifting its approach with respect to the referral mechanism under Article 22 of the EU Merger Regulation 139/2004 (the "EUMR") and now – at least in certain circumstances – encourages...more
On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission's decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement...more
In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez's gun-jumping claim and provides further clarifications on the scope of the exemption to the standstill...more
At a time when the European Union and many Member States have just unveiled their hydrogen strategy, the French Competition Authority takes the lead in delivering the very first analysis of the emerging hydrogen sector in a...more
2/12/2021
/ Acquisitions ,
Competition ,
Electricity ,
Energy Sector ,
EU ,
European Commission ,
France ,
French Competition Authority ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Merger Controls ,
Mergers ,
Renewable Energy
On January 22, 2021, the German Federal Ministry for Economic Affairs and Energy has published the anticipated draft revision of the German Foreign Trade and Payments Ordinance to align the scope of review more closely with...more
Yesterday, the 10th amendment to the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – "GWB") entered into force, and with it the most substantial overhaul of German competition law in a...more
The General Court of the European Union (the "General Court") has confirmed this week that the eligibility rules of the International Skating Union ("ISU"), which penalized athletes participating in competitions not...more
12/28/2020
/ Arbitration ,
Athletes ,
Competition ,
Conflicts of Interest ,
Eligibility ,
EU ,
Exclusive Jurisdiction ,
International Arbitration ,
Mandatory Arbitration Clauses ,
Sports ,
Treaty on the Functioning of the European Union (TFEU)
The Federal Ministry for Economic Affairs and Energy continues to tighten FDI control, but the investment climate remains liberal in principle -
In Germany, the investment climate remains liberal in principle....more
In a regime undergoing rapid change, investment screening is currently "light," with red tape increasing for European inbound investment -
While there is still no standalone foreign direct investment (FDI) screening at...more
11/10/2020
/ Acquisitions ,
Critical Infrastructure Sectors ,
EU ,
EU Screening Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Member State ,
Merger Controls ,
Mergers ,
National Security ,
National Security Review Proceedings
The mobile payments sector is on regulatory tenterhooks following the increase in the use of mobile wallets and the entry of new competitors, including tech companies, in the sector. The European Commission ("EC") just...more
10/31/2020
/ American Express ,
Anticompetitive Behavior ,
Antitrust Investigations ,
APIs ,
Big Tech ,
China ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Federal Trade Commission (FTC) ,
Informational Studies ,
Interchange Fee Regulation (IFR) ,
Interchange Fees ,
Libor ,
Member State ,
Mobile Payments ,
Payment Systems Regulator (PSR) ,
United States
The Vertical Block Exemption Regulation (VBER) is at the heart of the antitrust assessment of many distribution agreements and other types of vertical arrangements. In force for more than 10 years already, the current VBER...more
Already burgeoning, foreign direct investment regulations worldwide are bulking up still more in response to emerging threats.
Over the past few years, countries around the globe have started to either implement or ratchet...more
9/26/2020
/ Blocked Mergers ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Global Market ,
Healthcare Facilities ,
Mergers ,
National Security ,
Personal Protective Equipment ,
Supply Chain ,
Taiwan ,
Technology Sector
A recent speech1 by the European Commission's (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a...more
On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). ...more
8/4/2020
/ Abuse of Dominance ,
Advertising ,
Anti-Competitive ,
Anti-Monopoly ,
Athletes ,
Competition Authorities ,
European Commission ,
Federal Cartel Office (the FCO) ,
Germany ,
International Olympic Committee (IOC) ,
Olympics ,
Sports ,
Treaty on the Functioning of the European Union (TFEU)
On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more
6/19/2020
/ Acquisitions ,
Antitrust Provisions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Merger Controls ,
Mergers ,
Public Consultations ,
Screening Procedures ,
WTO
The COVID-19 pandemic has changed most governments' views on the strategic relevance of the domestic healthcare sectors across the globe. Although the European Commission, and also the German government, have re-emphasized...more
6/3/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
EFTA ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Health Care Providers ,
Investment Controls ,
Medical Devices ,
Medical Research ,
National Security ,
National Security Review Proceedings ,
Non-EU Investors ,
Personal Protective Equipment ,
Pharmaceutical Industry ,
Proposed Legislation ,
Vaccinations
Four years after the European Commission (“EC”) thwarted Hutchison’s attempt to consolidate the UK mobile telecoms market through its planned acquisition of O2, the General Court yesterday dealt a crushing blow to the...more
The COVID-19 pandemic has changed most governments' views on the strategic relevance of the domestic healthcare sectors across the globe. Although the European Commission, and also the German government, have re-emphasized...more
5/19/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
EFTA ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Health Care Providers ,
Investment Controls ,
National Security ,
National Security Review Proceedings ,
Non-EU Investors ,
Proposed Legislation
On April 28, 2020, the Federal Ministry of Economic Affairs and Energy (BMWi) published a draft for the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes are expected to be effective shortly after...more
Beware of antitrust rules despite alarming economic threats of the COVID-19 outbreak: no general "crisis" defense; governments grant (few) specific exemptions; further developments to be followed....more
On January 31, 2020, the Federal Ministry for Economic Affairs and Energy (BMWi) presented a draft law amending the Foreign Trade and Payments Act (AWG-E) and forwarded it to selected trade associations for their comments....more
2/13/2020
/ Acquisitions ,
Critical Infrastructure Sectors ,
EU ,
EU Screening Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Merger Controls ,
Mergers ,
National Security ,
Proposed Amendments ,
Public Comment ,
Technology Sector ,
Trade Associations
The Federal Ministry for Economic Affairs and Energy further tightened foreign direct investment control, but the investment climate remains liberal -
Pursuant to the German Foreign Trade and Payments Act...more
1/6/2020
/ Critical Infrastructure Sectors ,
Energy Sector ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Germany ,
Inbound Investments ,
Mergers ,
National Security ,
National Security Review Proceedings ,
Technology Sector ,
Threshold Requirements ,
Voting Rights