Similarly to the Old Law, the New Competition Law prohibits the abuse of a “dominant position” in the relevant market by any undertaking, including acts or conduct aimed at distorting, lessening, restricting, or preventing...more
10/30/2024
/ Antitrust Provisions ,
Competition ,
Economic Development ,
EU ,
Goods or Services ,
Price-Fixing ,
Restrictive Covenants ,
Treaty on the Functioning of the European Union (TFEU) ,
Unfair Competition ,
Unfair or Deceptive Trade Practices ,
United Arab Emirates (UAE)
On 18 September 2024, the General Court of the European Union (General Court) largely upheld the fine imposed by the European Commission (Commission) finding that a global tech company had engaged in predatory pricing of its...more
10/28/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Economic Sanctions ,
Energy Sector ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Markets ,
Financial Services Industry ,
Popular ,
Regulatory Oversight ,
Sustainable Finance ,
Treaty on the Functioning of the European Union (TFEU) ,
Unfair or Deceptive Trade Practices
The New Competition Law maintained the prohibition on restrictive agreements and practices between undertakings whose object, purpose, or impact is to distort, lessen, prevent, or restrict competition. These prohibited...more
In the recent years we have seen exponential increases in the amount of fines imposed by the European Commission (Commission) for infringements of competition rules, fines in the range of hundreds of millions or even billions...more
On 23 May 2024, the European Commission (Commission) imposed a €337.5 million fine to one of the world’s leading manufacturers of chocolate, biscuits, and coffee products for restricting cross-border trade in these product...more
Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8...more
3/29/2024
/ Anti-Competitive ,
Antitrust Provisions ,
Apple ,
Artificial Intelligence ,
Competition ,
Cyber Threats ,
Cybersecurity ,
Economic Sanctions ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Fund Managers ,
Importers ,
Investment Funds ,
Machine Learning ,
Manufacturers ,
Member State ,
Small and Medium-Sized Enterprises (SMEs) ,
Sustainability ,
Treaty on the Functioning of the European Union (TFEU)
Antitrust and Competition - The European Commission Carried Out Unannounced Inspections in the Tires Sector - On 30 January 2024, the Commission conducted dawn raids at the premises of several companies active in the tires...more
3/5/2024
/ Artificial Intelligence ,
Competition ,
Compliance ,
Derivatives ,
Disclosure Requirements ,
EMIR ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Forced Labor ,
Imports ,
International Labor Organization (ILO) ,
Machine Learning ,
Manufacturers ,
Regulatory Oversight ,
Risk Assessment ,
Risk Management ,
Transparency ,
Treaty on the Functioning of the European Union (TFEU)
Antitrust and Competition - The European Court of Justice Held Rules Set by Sports Governing Bodies Must Comply With EU Competition Law - On 21 December 2023, the European Court of Justice (ECJ) held in a preliminary ruling...more
2/13/2024
/ Competition ,
Corporate Social Responsibility ,
Digital Services ,
Economic Sanctions ,
Electricity ,
Energy Sector ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Fédération Internationale de Football Association (FIFA) ,
Financial Services Industry ,
Insurance Industry ,
Member State ,
Online Platforms ,
Penalties ,
Regulatory Requirements ,
Sports ,
Sustainability ,
Treaty on the Functioning of the European Union (TFEU)
In late June 2023, Europe’s highest court confirmed in a hotly anticipated judgment involving leading Portuguese beer and beverage producer Super Bock Bebidas that resale price maintenance (RPM)—namely the vertical fixing of...more
ANTITRUST AND COMPETITION - The European Commission Releases the Article 102 TFEU Package to Ensure Greater Legal Certainty on Exclusionary Abuses of Dominance - Article 102 of the Treaty on the Functioning of the European...more
5/8/2023
/ Antitrust Provisions ,
Competition ,
Energy Sector ,
EU ,
European Commission ,
Financial Services Industry ,
FinTech ,
Green Infrastructure ,
Member State ,
Renewable Energy ,
Sustainability ,
Treaty on the Functioning of the European Union (TFEU)
ANTITRUST AND COMPETITION - The European Commission Reviews Its Informal Guidance Notice - On 24 May 2022, the European Commission (Commission) launched a public consultation to gather feedback from interested parties on the...more
7/20/2022
/ Antitrust Provisions ,
Artificial Intelligence ,
Child Abuse ,
Climate Change ,
Competition ,
Cybersecurity ,
Economic Sanctions ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Internet Service Providers (ISPs) ,
Lenders ,
Mergers ,
Online Platforms ,
Treaty on the Functioning of the European Union (TFEU) ,
UCITS ,
Vertical Block Exemption Regulation (VBER)
The European Commission Opens Investigation into an Allegedly Anticompetitive Agreement Between Two Global Tech Companies Active in Online Display Advertising Services - On 11 March 2022, the European Commission (Commission)...more
4/18/2022
/ Anti-Competitive ,
Artificial Intelligence ,
Big Tech ,
Climate Change ,
Digital Services ,
E-Commerce ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Government Investigations ,
Money Market Funds ,
Online Advertisements ,
Public Procurement Policies ,
Renewable Energy ,
Technology ,
Treaty on the Functioning of the European Union (TFEU)
INSTITUTIONAL DEVELOPMENTS -
The New European Parliament: More Fragmentation, Ad Hoc Coalitions, And Greener Policies?
The results of the May 2019 European Parliament (“EP”) elections resulted in a more complex European...more
6/27/2019
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Banking Sector ,
Banks ,
Breweries ,
Cartels ,
Cross-Border Transactions ,
EIOPA ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Exports ,
Financial Institutions ,
Fines ,
MiFID II ,
Online Platforms ,
Plastics ,
Regulatory Agenda ,
Treaty on the Functioning of the European Union (TFEU)
Antitrust and Competition -
EU Cartel Damages: Advocate General says that liability in cartel damages cannot be avoided through corporate restructuring -
On 6 February 2019, Advocate General Nils Wahl found in his...more
Antitrust and Competition -
The European Commission conditionally approves a transaction in the data security sector after in-depth review -
On 11 December 2018, the European Commission announced it had conditionally...more
On 8 November 2018, the European Commission published a “Roadmap” inviting manufacturers and other interested market participants to provide feedback on the Vertical Agreements Block Exemption Regulation (the “Block...more
On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of consumer electronic products for imposing fixed or minimum resale...more
8/8/2018
/ Anti-Monopoly ,
Australia ,
Australian Competition and Consumer Commission (ACCC) ,
CCA ,
China ,
Competition ,
EU ,
European Commission ,
Resale Pricing ,
Treaty on the Functioning of the European Union (TFEU) ,
UK Competition and Markets Authority (CMA)
Antitrust and Competition - Substantial Assets Divestiture Needed to Secure Clearance for the Creation of a Company That Will Control More Than a Quarter of the World’s Seed and Pesticides Market - On 21 March 2018, the...more
4/20/2018
/ Bilateral Investment Treaties ,
Blockchain ,
Court of Justice of the European Union (CJEU) ,
Cryptocurrency ,
Distributed Ledger Technology (DLT) ,
EU ,
European Commission ,
Financial Institutions ,
FinTech ,
Pesticides ,
Research and Development ,
Treaty on the Functioning of the European Union (TFEU)
In a judgment rendered on 6 December 2017, the Court of Justice of the EU (“CJEU”) stressed that selective distribution systems for luxury goods which are designed to preserve the luxury image of those goods are generally...more
On 6 July 2017, the European Commission (“Commission”) announced it had opened three investigations against companies which have allegedly breached the European Union (“EU”) merger procedural rules.
Two of the cases...more
January will bring some important changes in the internal composition and current leadership of the European Parliament (“EP”). Such changes are expected to shake the EP’s internal life, even without a shift in the general...more
12/21/2016
/ Abuse of Dominance ,
Banking Sector ,
Brussels Convention ,
Capital Markets ,
Competition ,
Cybersecurity ,
EU ,
General Data Protection Regulation (GDPR) ,
Member State ,
TLAC ,
Treaty on the Functioning of the European Union (TFEU)
The European Commission (“Commission”) has recently published statistics concerning the European Union (“EU”) merger control review process. Typically, the Commission examines larger mergers with an EU dimension, meaning that...more
11/23/2016
/ Broadcasting ,
Capital Markets Union ,
CETA ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
European Supervisory Authorities (ESAs) ,
Member State ,
Merger Controls ,
NCAs ,
Online Platforms ,
Regulation Technical Standards (RTS) ,
Telecommunications ,
TLAC ,
Treaty on the Functioning of the European Union (TFEU) ,
TTIP
On 7 July 2016, the Court of Justice of the European Union (CJEU) ruled that, provided that a licensee is free to terminate a licence agreement on reasonable notice, it can be obliged to pay royalties even after the patent...more
7/15/2016
/ Arbitration ,
Competition ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Patent Office ,
Genentech ,
IP License ,
License Agreements ,
Patents ,
Popular ,
Royalties ,
Treaty on the Functioning of the European Union (TFEU)