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
On May 2, 2019, claimants began filing lawsuits for the first time under Title III of the Helms-Burton Act against third parties alleged to be "trafficking" in property of US nationals confiscated by the Cuban Government...more
5/9/2019
/ Blocking Statutes ,
Canada ,
Confiscated Property ,
Cuba ,
EU ,
FSCS ,
Helms-Burton Act ,
Orders of Prohibition ,
Personal Remittance Caps ,
Sanction Suspensions ,
Statute of Limitations ,
Third-Party ,
Title III ,
Trafficking ,
Travel Restrictions ,
Trump Administration ,
UK ,
US Department of State
The United Kingdom (UK) leaving the European Union (EU) will inevitably result in difficulties for businesses using UK content in their products for export under EU Free Trade Agreements, or for UK businesses using EU content...more
4/2/2019
/ Component Parts Doctrine ,
Country of Origin ,
EU ,
European Commission ,
Exports ,
Free Trade Agreements ,
No-Deal Brexit ,
Suppliers ,
Supply Contracts ,
Tariffs ,
UK ,
UK Brexit
On 14 March 2019, the EU Horizontal Safeguard Regulation 2019/287 ("HSR") entered into force to streamline the implementation of bilateral safeguard measures in EU trade agreements concluded with third countries....more
On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount scheme by Merck Sharp & Dohme Limited (MSD). The CMA concluded that there were no grounds for it to take...more
On 31 January 2019, France, Germany and the United Kingdom (the "E3") announced the registration in France of INSTEX SAS ("Instrument for Supporting Trade Exchanges"), which is a special purpose vehicle aimed at facilitating...more
2/14/2019
/ AML/CFT ,
Blocking Statutes ,
EU ,
FATF ,
France ,
Germany ,
INSTEX ,
International Atomic Energy Agency ,
Iran ,
Iran Sanctions ,
Joint Comprehensive Plan of Action (JCPOA) ,
Special Purpose Vehicles ,
UK ,
United Nations
On 21 January 2019, the EU adopted the first sanctions measures under its new sanctions framework targeting parties involved in the use and proliferation of chemical weapons introduced in October 2018...more
On 16 January 2019, the Court of Justice of the European Union ("CJEU" or "Court") dismissed the European Commission's appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed...more
1/18/2019
/ Annulment ,
Anti-Competitive ,
Antitrust Investigations ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Damages ,
Disclosure Requirements ,
EU ,
European Commission ,
Mergers ,
Reversal ,
Right of Defence ,
TNT ,
Transparency ,
Treaty on the Functioning of the European Union (TFEU) ,
UPS