On 12 July 2023, the new EU Foreign Subsidies Regulation (“FSR”) started applying to all non-EU and EU companies and all sectors of the economy. FSR filled a regulatory gap which existed since 1958. The European Commission...more
8/3/2023
/ Competition ,
Corporate Counsel ,
EU ,
FCC ,
Foreign Subsidiaries ,
Investigations ,
New Rules ,
Notification Requirements ,
Regulatory Agenda ,
Subsidiaries ,
Subsidies
In August 2020, we wrote a blog post about the adoption by the European Commission (“Commission”) of a White Paper on Foreign Subsidies. On 5 May 2021, the Commission adopted a proposal for a Regulation on foreign subsidies...more
5/17/2021
/ Acquisitions ,
Coronavirus/COVID-19 ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Investment ,
Foreign Subsidies ,
Funding ,
Member State ,
Procurement Guidelines ,
White Papers
There are a number of uses of blockchain technology which may give rise to competition concerns. As a distributed ledger where transactions are recorded in real time and are accessible to everyone within that network,...more
As European Union State aid rules evolve in their efforts to “level the playing field” among member states, we’re examining the impact of current events like COVID-19 and Brexit on general State aid rules and discussing...more
As State aid measures granted by EU Member States continue to surge in the aftermath of the COVID-19 outbreak and ongoing pandemic, the European Commission (“Commission”) has turned to subsidies coming from non-EU countries....more
The COVID-19 pandemic has triggered worldwide pandemonium and is disrupting business throughout all sectors. It is undeniably a major shock for the global economy. While the need for a coordinated response has been recognised...more
The unique EU State aid control law requires, in principle, prior notification by Member States and approval by the Commission of all State aid. During a time of crisis, like the COVID-19 pandemic, EU law allows for a...more
In a long-awaited ruling of June 18, 2019, the General Court of the EU (GCEU) annulled the European Commission’s State aid 2015 decision in the Micula case (joined cases T-624/15, T-694/15 and T-704/15).
The factual...more
6/25/2019
/ Appeals ,
Arbitration Awards ,
Bilateral Investment Treaties ,
EU ,
Foreign Investment ,
General Court of the European Union (GCEU) ,
ICSID ,
International Arbitration ,
Romania ,
State Aid ,
Third Country Entities (TCEs) ,
Treaty on the Functioning of the European Union (TFEU)
The intricate syndicated loan market has recently triggered attention from competition authorities internationally. Recently, the Spanish competition authority fined €91 million a syndicate of four Spanish banks. The...more
12/18/2018
/ Acquisitions ,
Anti-Competitive ,
Banking Sector ,
Competition Authorities ,
Debt Financing ,
EU ,
European Commission ,
Lenders ,
Loans ,
Multinationals ,
Syndication
Our “trends for 2018” are only a selection of interesting developments to watch for in 2018.
Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given that it is the last...more
2/9/2018
/ Base Erosion Tax ,
Bid Rigging ,
Big Data ,
CFIUS ,
Competition ,
Competition Authorities ,
Cybersecurity ,
Data Protection ,
E-Commerce ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Direct Investment ,
General Data Protection Regulation (GDPR) ,
International Tax Issues ,
Legislative Agendas ,
Mergers ,
Multinationals ,
OECD ,
Premerger Notifications ,
Renewable Energy ,
Sports ,
Standstill Agreements ,
State Aid ,
Transportation Industry ,
TTIP ,
WTO
Introduction -
Our “trends for 2018” are only a selection of interesting developments to watch for in 2018.
Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given...more
1/24/2018
/ Athletes ,
Automated Transportation ,
Base Erosion Tax ,
Bid Rigging ,
Big Data ,
Carbon Emissions ,
CFIUS ,
Competition ,
Competition Authorities ,
Data Protection ,
E-Commerce ,
Electric Vehicles ,
Enforcement Actions ,
EU ,
European Commission ,
European Parliament ,
Foreign Direct Investment ,
GDP ,
General Data Protection Regulation (GDPR) ,
Geo-Blocking ,
Innovation ,
Legislative Agendas ,
Manufacturers ,
Merger Controls ,
Multinationals ,
NAFTA ,
Olympics ,
Online Distribution ,
Proposed Regulation ,
Sports ,
State Aid ,
Supply Chain ,
Tax Evasion ,
Technology Sector ,
Transportation Industry ,
TTIP ,
WTO
Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more
1/25/2017
/ Cartels ,
Competition ,
Data Protection ,
Digital Single Market ,
EU ,
European Commission ,
FRAND ,
General Data Protection Regulation (GDPR) ,
Innovation ,
Merger Controls ,
Popular ,
Sanctions ,
Standard Essential Patents ,
State Aid ,
Trade Agreements ,
UK Brexit
Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more
1/19/2017
/ Cartels ,
Competition ,
Compliance ,
Data Protection ,
Digital Single Market ,
Enforcement ,
EU ,
FRAND ,
General Data Protection Regulation (GDPR) ,
Merger Controls ,
Popular ,
Sanctions ,
State Aid ,
Supplemental Environmental Project (SEP) Policy ,
Trade Agreements ,
UK Brexit
The UK people have voted to leave the European Union. Although there is no constitutional duty to leave the Union as a result, politically this is likely going to happen. Change will not be immediate and happen over time....more
6/27/2016
/ Article 50 Treaty of the EU ,
Attorney-Client Privilege ,
Competition Authorities ,
Contract Disputes ,
Digital Single Market ,
EU ,
Free Movement ,
International Litigation ,
Negotiations ,
Referendum Votes ,
Risk Assessment ,
Technical Standards ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)