In a recent speech by cartel chief Maria Jaspers, the European Commission ("EC") expressed firm opposition to the UK Competition and Markets Authority's (CMA) proposal to grant first-in leniency applicants full immunity from...more
2/6/2026
/ Antitrust Investigations ,
Asia Pacific ,
Cartels ,
Competition ,
Competition Authorities ,
Cross-Border ,
Damages ,
Enforcement Actions ,
European Commission ,
Leniency Programs ,
UK Competition and Markets Authority (CMA)
Until now, legal consultations prepared by in-house counsel were not protected under any statutory confidentiality regime in France, unlike correspondence between lawyers and their clients. This gap left internal legal...more
1/26/2026
/ Attorney-Client Privilege ,
Compliance ,
Confidentiality Policies ,
Constitutional Challenges ,
Corporate Counsel ,
Corporate Governance ,
Internal Communications ,
Legal Advice Privilege ,
New Legislation ,
Regulatory Reform ,
Risk Management ,
Statutory Interpretation
On December 12, 2025, representatives of the European Parliament (EP) and the Council of the European Union (Council) provisionally agreed on a new Regulation concerning the management of end-of-life vehicles and circularity...more
The Court reaffirms that confidentiality in the attorney-client relationship is not limited to judicial proceedings alone.
In a decision dated October 8, 2025 (No. 24-16.995), the Commercial Chamber of the French Supreme...more
11/18/2025
/ Appellate Courts ,
Attorney-Client Privilege ,
Confidential Communications ,
Court of Cassation ,
Court of Justice of the European Union (CJEU) ,
En Banc Review ,
EU ,
France ,
Judges ,
Judicial Authority ,
Judicial Interpretation ,
Judicial Proceedings ,
Legal Advice Privilege ,
Legal Ethics ,
Precedential Opinion ,
Privileged Communication ,
Privileged Documents ,
Statutory Interpretation ,
Supreme Court of France ,
Taxation
The emergence of fully autonomous vehicles is fundamentally transforming the landscape of civil liability within the automotive industry. Significant regulatory advancements, evolving case law, and emergent tort doctrines in...more
10/17/2025
/ Artificial Intelligence ,
Automotive Industry ,
Civil Liability ,
Driverless Cars ,
EU ,
Liability ,
Manufacturers ,
Motor Vehicles ,
Negligence ,
Regulatory Requirements ,
Risk Mitigation ,
Supply Chain ,
Transportation Industry
European Commission ("EC") issues its first fining decision for a no-poach agreement, and also sanctions for the first time the exchange of sensitive information between a company and its competing, non-controlling minority...more
6/9/2025
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Violations ,
Competition Authorities ,
Corporate Counsel ,
Enforcement Actions ,
European Commission ,
Fines ,
Merger Agreements ,
Minority Shareholders ,
No-Poaching ,
Popular ,
Sanctions
Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more
5/29/2025
/ Antitrust Provisions ,
Competition ,
EU ,
European Commission ,
Goods or Services ,
Manufacturers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
Suppliers ,
Supply Chain
Recent rulings indicate that it will be easier for cartel victims to pursue their claims in German courts by assigning them to a special purpose vehicle ("SPV"), which then litigates the combined claims as the sole plaintiff...more
The European Commission seeks stakeholders' views on the guidelines for the application of the Foreign Subsidies Regulation ("FSR")....more
3/12/2025
/ Competition ,
Corporate Sales Transactions ,
EU ,
European Commission ,
Foreign Investment ,
Foreign Subsidies ,
Merger Agreements ,
National Security ,
Public Procurement Policies ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements
2024 was a significant year for merger enforcement worldwide. In the United States, the Biden administration continued the aggressive approach reflected in the revamped Merger Guidelines issued in December 2023. In Europe,...more
In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or...more
A decision handed down by the French Court of Cassation may affect the scope of attorney-client privilege in France....more
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
9/27/2024
/ Acquisition Agreements ,
Corporate Counsel ,
Digital Marketplace ,
Digital Services ,
EU ,
European Commission ,
Horizontal Merger Guidelines ,
Merger Agreements ,
Merger Controls ,
Policies and Procedures ,
Trade Agreements
The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more
The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more
The UK Competition and Markets Authority ("CMA") has successfully appealed a decision of the UK Competition Appeals Tribunal (the "Tribunal") rejecting its application for a warrant to search domestic premises—paving the way...more
In Short -
The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more
8/15/2023
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
EU Merger Directive ,
European Commission ,
European Court of Justice (ECJ) ,
Horizontal Mergers ,
Judicial Review ,
Merger Controls ,
UK
In Short -
The Situation: There has been uncertainty over the circumstances in which data subjects can claim compensation for "mere" infringement of their rights without specific evidence of harm. On May 4, 2023, the Court...more
In Short -
The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...more
In Short -
The Development: The European Commission ("EC") has published highly anticipated draft guidelines ("Draft Guidelines") detailing a new antitrust exemption for agreements in the agriculture and food supply chain...more
In Short -
The Situation: The European Commission ("EC") is expected to release guidelines regarding a newly introduced exemption to the EU antitrust rules for certain agreements aimed at achieving the EU's sustainability...more
Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain.
EU antitrust law prohibits certain...more
5/16/2022
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
European Commission ,
Goods or Services ,
New Guidance ,
Regulatory Reform ,
Safe Harbors ,
Supply Chain ,
Vertical Agreement ,
Vertical Block Exemption Regulation (VBER)
The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more
8/12/2021
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
European Commission ,
International Trade ,
Most-Favored Nations ,
Safe Harbors ,
Sales & Distribution Agreements ,
Supply Chain ,
V-BER (Vertical Block Exemption Regulation)
New law regulates commercial dealings between suppliers and comparatively larger buyers of food and agricultural products.
Germany passed a new law, Agrarorganisationen-und-Lieferketten-Gesetz ("AgrarOLkG"), the...more
Jones Day’s series on private enforcement actions relating to antitrust matters in Europe continues with a focus on recent developments in France. Partners Eric Barbier de La Serre and Ozan Akyurek discuss how proceedings...more