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A Step Towards Removing the Red-Tape For Europe’s Green Hydrogen Sector

On September 14, 2022, the European Parliament (the Parliament) adopted its position on revised amendments to the Renewable Energy Directive (Recast) 2018 (RED II), amongst other things, proposing requirements for renewable...more

Germany: Heavy Statutory Gas Price Surcharges for Commercial and Private End Consumers Presumably as of October

Against the backdrop of drastically increased gas purchase prices and their impact on large German gas importers, and in anticipation of an even further escalation by Russia of the gas supply disruption linked to the war in...more

Germany: Heavy Statutory Gas Price Surcharges for Commercial and Private End Consumer on the Horizon

Against the backdrop of drastically increased gas purchase prices and their impact on large German gas importers, and in anticipation of an even further escalation by Russia of the gas supply disruption linked to the war in...more

Hydrogen a Key Focus of New German Government’s Coalition Agreement

The new federal government has presented ambitious framework conditions for decarbonizing the German economy through hydrogen, aiming to position Germany at the center of a global hydrogen economy. German industry expects...more

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

To Control or Not to Control? That Is the Question

The “standstill obligation” under Article 7 of the Regulation 139/2004 on Merger Control (EUMR) prevents parties from implementing their transaction before receiving merger clearance from the European Commission (EC). Failure...more

Excessive Pricing, ‘Pay-For-Delay’ and Rebates: A New Era of Enforcement in the Pharmaceutical Industry

The European Commission (EC) and other national competition authorities (NCAs) have traditionally shied away from investigating allegations of excessive pricing and appearing as price regulators. Commissioner Vestager warned...more

The Intel Ruling: A New Dawn?

In perhaps the most hotly anticipated judgment in the European competition law world this year, the Court of Justice of the European Union (CJEU) handed down its landmark ruling on September 6, 2017 in Intel’s appeal against...more

Abuse of Dominance Concerning Online Platforms

Large online platforms such as Amazon, Facebook and Google have a strong presence in Europe. Although general competition law principles apply to them, cases concerning online platforms give rise to a lot of novel questions...more

China’s Intervention Against Vertical Agreements

On December 9, 2016, the PRC National Development and Reform Commission (NDRC) handed down its decision against medical device company Medtronic for having concluded and implemented a vertical monopoly agreement by...more

Vertical Agreements in the Online Sales of Goods

The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more

An Update on Brexit and (Current) Implications on Trade

It has been a year since Article 50 was triggered on March 29, 2017, and if no extension is given, the U.K. will leave the European Union (EU) on March 29, 2019. This means that negotiations are now at the half-way point, but...more

Antitrust Enforcement Under the Trump Administration

Divining trends in antitrust enforcement in a given presidential administration can take some time. Many commentators didn’t notice material changes in antitrust enforcement in the Obama administration – at least in merger...more

Artificial Intelligence and Algorithms in Cartel Cases: Risks in Potential Broad Theories of Harm

Algorithms and the use of Artificial Intelligence (AI) have become commonplace in a vast number of markets, and this has drawn the attention not only of competition law academics and practitioners, but also of competition...more

The DOJ’s Evolving Approach to Consent Decrees

While structural remedies remain the primary remedy of choice, and virtually the only option in the case of horizontal mergers, under the Obama Administration and with respect to vertical mergers, the agencies increasingly...more

Gun-jumping and Procedural Compliance

The EU and U.S. competition authorities have been and remain active in enforcing gun-jumping cases, while in recent years other competition authorities across the world, including in China, have also become increasingly...more

Foreign Investment Control: Trade Protectionism or Reasonable Control Over a Nation’s Industries?

In China, where foreign investments used to be subject to a case-by-case evaluation, the screening process for acquisitions of local businesses by foreign investors is being simplified and becoming more industry-focused. This...more

What Role For Fairness in EU Competition Policy and Enforcement?

Is this perception well-founded? And does it represent a new policy trend towards ‘social justice’ objectives or simply a continuation of a policy driver that has underpinned EU competition enforcement for some time?...more

Coty Case: Luxury Brands Can Restrict Online Sale via Marketplaces Such as Amazon

On 6 December 2017, the European Court of Justice (“the Court”) handed down its preliminary ruling in the Coty case confirming that a manufacturer operating a selective distribution system of luxury goods is allowed to...more

Chinese Acquisitions in the EU: The Climate Is Getting Rougher

In response to a significant increase in acquisitions of companies in the EU by Chinese buyers in recent years, the foreign (i.e., non-EU) investment review legal framework in the EU is currently undergoing a change towards...more

New Transaction Value-Based Merger Reporting Threshold in Germany: Much Ado About Little?

Germany this summer introduced a new transaction value-based set of reporting thresholds. Austria introduced a similar provision which will enter into force on November 1. On the European level, the Commission is...more

The European Commission Seeks to Endow Itself With the Power to Collect Information Directly From Companies to Improve Overall...

Hardly picked up by the specialised press, the Proposal for a Regulation setting out the conditions and procedure by which the European Commission may request undertakings and associations of undertakings to provide...more

Is the Commission Starting to Take a Tough Stance on the Enforcement of Merger Procedure?

When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction.[1] This means that until clearance is obtained,...more

Fifth Annual Report Reviews Global Antitrust Developments

Shearman & Sterling’s 2017 Antitrust Annual Report reflects our lawyers’ experience and insights on key antitrust risks affecting our clients’ businesses. ...more

EU General Data Protection Regulation: Are You Prepared?

On April 27, 2016 the European Council and Parliament adopted a new data protection law: the General Data Protection Regulation (GDPR). The following briefing is a summary of key issues and a checklist of initial tasks to...more

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