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
The adopted FSR Implementing Regulation contains important changes compared to the draft published in February 2023. The focus of the FSR filings for M&A deals and public tenders in the EU will be on companies' foreign...more
The application of the EU's Carbon Border Adjustment Mechanism ("CBAM") is fast approaching for importers and manufacturers of products in the cement, fertiliser, iron, steel, aluminium, hydrogen and electricity producing...more
Solar panels, wind turbines, heat pumps and batteries are all made of metal and—unlike a barrel of oil or ton of coal—metals can be recycled. Countries heavily dependent on imports of crucial decarbonisation minerals are...more
5/4/2023
/ Batteries ,
Capital Markets ,
Carbon Emissions ,
Coal ,
Energy Sector ,
EU ,
Hydrogen Power ,
Imports ,
Metals ,
Recycling ,
Solar Panels ,
Wind Power
On 9 March 2023, the European Commission adopted the Temporary Crisis and Transition State aid Framework ("TCTF") aimed at boosting and retaining clean tech investments in Europe. The TCTF marks an unprecedented loosening of...more
3/28/2023
/ Batteries ,
Carbon Capture and Sequestration ,
Clean Energy ,
Energy Sector ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Greenhouse Gas Emissions ,
Renewable Energy ,
Solar Panels ,
Technology Sector ,
Wind Power
On December 13, 2022, the Council of the European Union ("the Council") and European Parliament came to a provisional agreement on the final text of a Carbon Border Adjustment Mechanism ("CBAM") regulation. The compromise...more
On 6 February 2023, the European Commission launched a four-week public consultation on the draft Implementing Regulation on proceedings under the Foreign Subsidies Regulation (FSR). Whilst the Commission has made an effort...more
On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK. In March 2022, the CMA...more
On 12 January 2023, the EU Court of Justice upheld the EU General Court’s judgment imposing a fine on Lithuanian Railways for dismantling a section of railway track. While reaffirming its essential facility case law...more
In two separate non-binding opinions in Super League and International Skating Union issued on 15 December 2022, Advocate General Rantos concluded that sports federations can – under certain circumstances – impose...more
Key 2022 judgments apply a five-factor analysis outlined by the EU’s highest court in 2017 -
The past year has seen a number of judgments by the General Court of the European Union (GC)—the EU's court of first...more
On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by...more
The EU "Fit for 55" package, if adopted, will significantly reshape environmental regulation in Europe, with impact beyond the EU's borders. In this alert, we focus on developments in two of the most impactful files, the...more
7/8/2022
/ Carbon Emissions ,
Carbon Taxes ,
Climate Change ,
Emissions Trading System ,
Environmental Policies ,
EU ,
European Commission ,
Greenhouse Gas Emissions ,
Imports ,
Popular ,
Supply Chain
The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission1 is the first...more
6/17/2022
/ Anticompetitive Behavior ,
Apple ,
Business Disputes ,
Business Litigation ,
Corporate Counsel ,
Due Process ,
EU ,
European Commission ,
Foreclosure ,
Qualcomm ,
Right of Access ,
Third-Party
On 23 February 2022, the European Commission ("Commission") issued its long-awaited Proposal for a Directive on Corporate Sustainability Due Diligence to tackle human rights and environmental impacts across global value...more
On 26 January 2022, the EU's General Court (GC) annulled the European Commission's (EC) €1.06 billion fine on Intel for abusing a dominant position with its rebate schemes. The judgment demonstrates that the European Courts...more
1/28/2022
/ Anti-Competitive ,
Burden of Proof ,
EU ,
European Central Bank ,
European Commission ,
Fines ,
General Court of the European Union (GCEU) ,
Intel ,
Rebates ,
Standard of Proof ,
Treaty on the Functioning of the European Union (TFEU)
On 13 December 2021, the EU imposed sanctions against the Wagner Group, a private military entity based in Russia, as well as related entities and individuals, citing human rights abuses and destabilising activities in...more
On 17 November 2021, the European Commission ("Commission") announced a Proposal for a new Regulation to curb global deforestation and forest degradation driven by European Union ("EU") consumption of certain commodities....more
Taiwanese companies should keep Europe in mind when planning new deals-
For many years, the European Commission (the Commission) has been the most active enforcer when applying antitrust law to the technology sector. In...more
The metals sector is an attractive target for decarbonization due to the energy-intensive nature of traditional production processes.
Carbon: the next frontier of commodities trade tensions -
Governments around the...more
9/16/2021
/ Aluminum Sales ,
Capital Markets ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
China ,
Climate Change ,
Emissions Trading System ,
EU ,
Global Market ,
Green Energy ,
Metals ,
Mining ,
Russia ,
Steel Industry ,
WTO
The EU has introduced a new asset freeze regime against Lebanon, but without designating any persons under the new regime as of yet. On 30 July 2021, the EU adopted legislative acts establishing a new sanctions framework...more