As a key part of the "Fit for 55" European Green Deal package, the European Commission has published its controversial proposal for a carbon border adjustment mechanism ("CBAM"). The CBAM, if adopted, will impose a levy on...more
On 5 May 2021, the European Commission ("Commission") issued a proposal for a far-reaching Regulation to tackle foreign subsidies, which, if adopted, will increase the regulatory risk for companies operating or investing in...more
5/10/2021
/ Competition ,
Corporate Counsel ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Joint Venture ,
Mergers ,
Proposed Regulation ,
Public Consultations ,
Public Procurement Policies
On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission's decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement...more
On 22 March 2021, the European Union ("EU") designated a total of 22 individuals and 4 entities as subject to an asset freeze under the EU sanctions regimes relating to Global Human Rights Sanctions and Myanmar/Burma.
...more
On 2 March 2021, the United States and European Union ("EU") imposed coordinated sanctions in response to the poisoning and imprisonment of Russian opposition politician Aleksey Navalny (and the related US determination that...more
On 30 December 2020, the EU and China agreed in principle on a Comprehensive Agreement on Investment ("CAI"). The text of the agreement is not yet available,1 but the European Commission called it "the most ambitious...more
After countless deadlines have come and gone, with a deal 90% done but three intransigent sticking points, on 24 December 2020 the UK and EU finally announced "agreement in principle" had been reached on their future...more
On 7 December 2020, the EU Council adopted a landmark decision and a regulation setting up for the first time a global human rights sanctions framework for the EU. The EU can now respond to serious human rights violations and...more
The EU has recently made certain notable EU asset freeze designations in relation to Belarus1 and Syria, focusing on various government officials – including President Alexander Lukashenko in Belarus -
The Belarusian and...more
11/11/2020
/ Asset Freeze ,
Belarus Sanctions ,
Due Diligence ,
Economic Sanctions ,
EU ,
Exemptions ,
Member State ,
National Security ,
State-Owned Enterprises ,
Syria ,
Travel Ban
The European Commission and the EU's Foreign Policy High Representative have put forward a proposal for a new, non-country-based sanctions programme to address human rights violations and abuses with asset freezes and travel...more
On 14 October 2020, the EU designated under its asset freeze six Russian officials and one research institute, in response to the poisoning of Russian opposition leader Alexei Navalny in August 2020. Separately, it also...more
On 2 October 2020, the EU adopted sanctions against Belarus in response to the repression and intimidation against peaceful demonstrators, opposition members and journalists in the wake of the 9 August 2020 presidential...more
On 3 September 2020, the European Commission presented its Action Plan on Critical Raw Materials to secure the European Union's access to critical raw materials and reduce its dependency on third countries. The proposed...more
For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...more
9/23/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Investigations ,
Apple ,
Automotive Industry ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidies ,
FRAND ,
Google ,
Internet of Things ,
Microsoft ,
Mobile Apps ,
Qualcomm ,
Risk Assessment ,
Risk Mitigation ,
Taiwan ,
Technology Sector
On 30 July 2020, the EU designated the first individuals and entities under its 2019 sanctions framework targeting parties involved in cyber-attacks that undermine the EU’s integrity, security and economic competitiveness....more
8/10/2020
/ Asset Freeze ,
China ,
Cyber Attacks ,
Cyber Threats ,
Economic Sanctions ,
EU ,
Intellectual Property Protection ,
List of Specified Persons (LSP) ,
Member State ,
Misappropriation ,
Russia ,
Travel Ban
On 6 July 2020, the UK adopted its first autonomous sanctions regime, imposing asset freezes and travel bans on 47 individuals and two entities across the world accused of serious human rights violations. The new regime marks...more
On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more
6/19/2020
/ Acquisitions ,
Antitrust Provisions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Merger Controls ,
Mergers ,
Public Consultations ,
Screening Procedures ,
WTO
On 2 June 2020, the European Commission published its roadmap on the possible introduction of a ‘new competition tool’ that would allow it to initiate market investigations into perceived structural competition problems, with...more
On 31 March 2020, the Governments of France, Germany, and the United Kingdom (the so-called "E3") confirmed that the first transaction was completed through the Instrument in Support of Trade Exchanges ("INSTEX"),...more
4/3/2020
/ Economic Sanctions ,
EU ,
Exports ,
Food Supply ,
Imports ,
INSTEX ,
Instrument for Supporting Trade Exchanges (INSTEX SAS) ,
Iran ,
Joint Comprehensive Plan of Action (JCPOA) ,
Medical Supplies ,
Payment Systems ,
Swiss Banks ,
United States
On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal's (CAT) quashing of the Competition and Markets Authority's (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions...more
4/1/2020
/ Abuse of Dominance ,
Appeals ,
Drug Pricing ,
Evidence ,
Excessive Pricing ,
Pfizer ,
Reaffirmation ,
Standard of Review ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT)
The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more
2/19/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
EU ,
European Court of Justice (ECJ) ,
Generic Drugs ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Prescription Drugs ,
Reverse Payment Settlement Agreements ,
Treaty on the Functioning of the European Union (TFEU) ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT)
France, Germany and the United Kingdom, known as the “E3”, announced on 14 January 2020 that they had triggered the dispute resolution mechanism under the Joint Comprehensive Plan of Action (“JCPOA”) due to concerns about...more
1/17/2020
/ China ,
Dispute Resolution ,
E3+3 ,
Economic Sanctions ,
EU ,
Failure to Perform ,
France ,
Germany ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Russia ,
UK ,
UN Security Council ,
United Nations ,
Winding Down
The European Commission is moving quickly in a new investigation, seeking interim measures for the first time in two decades -
The European Commission attracts plaudits from some commentators for its ability to undertake...more
9/17/2019
/ Anticompetitive Behavior ,
Antitrust Investigations ,
Broadcom ,
EU ,
European Commission ,
Expedited Actions Process ,
Infringement ,
Interim Measures ,
Irreparable Harm ,
Taiwan ,
Technology Sector
On 17 May 2019, the EU put in place a new legal framework for sanctions targeting malicious cyber activities from outside the EU that threaten the Union or its Member States. The aim is to enhance the EU's cyber resilience...more
On May 8, 2019, following Iran's announcement that it intends to suspend certain nuclear proliferation-related commitments under the Joint Comprehensive Plan of Action (JCPOA), the United States issued a new Executive order...more
5/14/2019
/ Blocking Sanctions ,
Blocking Statutes ,
CAPTA List ,
China ,
Economic Sanctions ,
EU ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
France ,
Germany ,
IFCA ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Metals ,
Nuclear Power ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Prohibited Transactions ,
SDN List ,
Steel Industry ,
Suspensions ,
Trump Administration ,
UK ,
Waivers