Two years ago, the FSR arrived as the new kid on the block in Brussels. Today, it is one of the EU's sharpest enforcement tools, and one that is only gaining prominence as geopolitical tensions reshape global investment and...more
Adopted in 2022, the IPI allows the Commission to investigate alleged non-EU country measures or practices against EU economic operators that limit access to the public procurement and concession markets of non-EU countries....more
Two years into the implementation of the EU Foreign Subsidies Regulation (FSR), the number of FSR filings under its public procurement tool exceeds 2,000, with scrutiny now by a recently established specialised unit within DG...more
On 15 May 2025, Advocate General Emiliou issued his opinion in the Portuguese football no-poach case. The AG opinion is of particular interest given the European Commission's increased scrutiny of labour market related...more
As we approach the second anniversary of the EU Foreign Subsidies Regulation (FSR), we take stock of the latest statistics and offer practical insights for private equity (PE) sponsors. Drawing on our extensive experience...more
On 19 May 2025, the UK and the EU announced plans to link the EU Emissions Trading System ("ETS") with the UK ETS. Concurrently, the European Commission is preparing for a review of the EU ETS slated for 2026 by launching a...more
On 12 March 2025, the European Union announced its intention to impose retaliatory tariffs in response to the resumption and expansion of tariffs on imports of steel and aluminium into the US, which began at 12:01am EDT on...more
On 14 January 2025, the European Commission ("Commission") published the findings of its first investigation under the EU's International Procurement Instrument ("IPI"). Findings of the investigation concludes that China...more
Our latest edition explores the top merger control trends across the EU, US, UK, Middle East and Australia, and the outlook for 2025.
EU and US merger control enforcement: quo vadis?
In the EU, Executive Vice...more
1/20/2025
/ Acquisitions ,
Antitrust Division ,
Artificial Intelligence ,
Competition ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Global Dealmaking ,
Member State ,
Merger Controls ,
Mergers ,
Technology Sector ,
UK
The Draghi Report proposes substantial reform in the area of competition law, notably offering a critical assessment of recent policies implemented by the European Commission in merger control and antitrust enforcement. The...more
The European Commission has published for public consultation its long-awaited draft Guidelines on exclusionary abuses (draft Guidelines). The draft Guidelines aim at making it faster and easier for the Commission to pursue...more
The European Commission (EC) has issued preliminary clarifications concerning the distortion test under the new Foreign Subsidies Regulation (FSR). These preliminary clarifications come only a year after the FSR came into...more
The European Court of Justice has issued its judgment in Deutsche Telekom confirming that the European Commission must pay “a standard rate” of interest to companies that have been awarded a reduction or annulment of their...more
The European Commission has launched its first investigation into a non-EU country's procurement practices leveraging its new tool, the International Procurement Instrument. This investigation looks at the public procurement...more
The first months of application of the EU Foreign Subsidies Regulation (FSR) have involved a large number of notifications, lengthy and wide-ranging requests for information, and the opening of the first in-depth...more
On 21 December 2023, the European Court of Justice ("ECJ") issued three decisions in three separate cases concerning the discretionary power of sports federations to prevent alternative competitions and to otherwise impose...more
The EU's new Foreign Subsidies Regulation (FSR), which came into effect on July 12, 2023, marks the European Commission's attempt to level the playing field by addressing the potential distortive effects of non-EU subsidies...more
12/18/2023
/ Acquisitions ,
Capital Markets ,
Disclosure Requirements ,
EU ,
European Commission ,
Filing Requirements ,
Foreign Subsidies ,
Mergers ,
Regulatory Requirements ,
Required Forms ,
Taiwan
On 7 December 2023, the EC published new guidelines on when farmers and agriculture related businesses can, subject to certain conditions, enter into cooperation agreements on sustainability without breaching EU competition...more
The past two years have witnessed significant geopolitical fracturing and macroeconomic difficulties that continue to hamper certain dealmaking. Several sectors have posted transactional lows throughout 2023, and persistent...more
12/11/2023
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border Transactions ,
Debt Financing ,
EU ,
Foreign Direct Investment ,
Foreign Subsidies ,
Global Dealmaking ,
Hong Kong ,
International Trade ,
Mergers ,
Regulatory Agenda ,
Taiwan ,
Trade Secrets ,
United States
The EU's Carbon Border Adjustment Mechanism ("CBAM") reporting obligations started applying from 1 October 2023. As the first reports are due in January 2024, the Commission has released a list of some of the most frequently...more
The EU's Carbon Border Adjustment Mechanism (the "CBAM") reporting obligations started applying from 1 October 2023. The final CBAM Implementing Regulation introduces further insight and key clarifications.
The CBAM...more
Chief negotiators from Mercosur and the European Union (EU) met in Brasilia, Brazil earlier this month to resume attempts to conclude an inter-regional free trade agreement (FTA) after new proposals from both sides tabled...more
On 4 October 2023, the European Commission initiated an anti-subsidy investigation that could lead to increased tariffs on imports of Chinese electric vehicles to the European Union and has broader implications for the global...more
The EU's new Deforestation Regulation requires companies trading in cattle, cocoa, coffee, oil palm, rubber, soya and wood, as well as products derived from these commodities, to conduct extensive diligence on the value chain...more
The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint.
The Foreign Subsidies...more