The United Kingdom remains a key European jurisdiction for competition damages actions, also in a post-Brexit world. In particular the number of collective proceedings for competition damages has significantly increased. This...more
The Court of Justice of the European Union (CJEU) clarified in two judgments in the last month of 2023 (Deutsche Wohnen, ECLI:EU:C:2023:950 [DW] and Nacionalinis visuomenės sveikatos centras, ECLI:EU:C:2023:949 [NVSC]) the...more
This blog article is relevant to all companies which are parties to a vertical agreement (i.e. an agreement entered into between two parties operating at different levels of trade – typically distribution agreements)...more
On 10 May 2022, the European Commission adopted new EU competition rules for vertical distribution agreements that entered into force on 1 June 2022, bringing important amendments to the current rules by partly narrowing the...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
We’re checking in with our Europe-based expert on the latest European updates and upcoming changes for the third quarter of 2021 including updates on Brexit, European Union (EU) data protection policies, block exemption...more
7/23/2021
/ Competition ,
Data Privacy ,
Data Protection ,
Distributors ,
EU ,
EU Data Protection Laws ,
European Commission ,
Immigration Procedures ,
Intellectual Property Protection ,
Multinationals ,
Northern Ireland ,
Privacy Laws ,
Retailers ,
Sales & Distribution Agreements ,
Standard Contractual Clauses ,
UK ,
UK Brexit ,
Vertical Agreement ,
Vertical Block Exemption Regulation (VBER)
The European Commission announced today a long-awaited decision that the UK data protection standards are adequate under the meaning of GDPR’s Article 45, providing a mechanism to enable transfer of data from the EU to the UK...more
Starting this fall, companies transferring personal data from the European Economic Area (EEA) will likely begin to see a flurry of contract renegotiations. On June 4, 2021, the European Commission adopted long awaited new...more
6/17/2021
/ Cross-Border ,
Data Security ,
Data Transfers ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
FISA ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Schrems I & Schrems II ,
Standard Contractual Clauses
Joining Michael this week for the podcast quarterly check in with Europe is International Competition specialist Oliver Heinisch from London. Oliver shares the latest updates from the continent, including insight on Brexit,...more
5/18/2021
/ Cooperation Agreement ,
Cross-Border Transactions ,
Data Protection ,
Digital Marketplace ,
Economic Development ,
Enforcement ,
EU ,
European Commission ,
General Data Protection Regulation (GDPR) ,
Ireland ,
Merger Controls ,
Mergers ,
Trade Policy ,
UK ,
UK Brexit
Joining Michael this week for the podcast quarterly check in with Europe is International Competition specialist Oliver Heinisch from London. We discuss the “New Europe,” tracking immediate impacts of Brexit on the United...more
3/23/2021
/ Antitrust Provisions ,
Biden Administration ,
Cross-Border Transactions ,
Digital Marketplace ,
EU ,
Financial Services Industry ,
G7 ,
Multinationals ,
Trade Relations ,
UK ,
UK Brexit
For our Quarterly European check in, we’re looking at the latest updates with Brexit and the impact on multinational companies. We’re also discussing the regulation of Big Tech companies in the European Union (EU) and...more
There is a lot currently happening in the European Union. From the latest European Court opinions with respect to merger clearance, dominance violations, data protection and state aid to Brexit, we’re checking in with our...more
7/23/2020
/ Antitrust Violations ,
Court of Justice of the European Union (CJEU) ,
Data Collection ,
Data Privacy ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Facebook ,
Germany ,
International Data Transfers ,
Mergers ,
Personal Data ,
State Aid ,
Technology Sector ,
Telecommunications ,
UK ,
UK Brexit ,
US-EU Safe Harbor Framework
On July 16, 2020, in the case colloquially known as “Schrems II,” the Court of Justice of the European Union (CJEU) struck down the EU-US Privacy Shield, finding it an invalid mechanism for transferring data from the EU to...more
Given the devastating impact of the coronavirus pandemic in the European Union (EU) and all over the world, we’re exploring the current economic and political climate of the various member states.
Joining Michael for this...more
With a new European Commission in place and Brexit set to happen by the end of the month, we’re exploring the current regulatory climate in the European Union and previewing what’s to come for the European nations.
Oliver...more
With the new European Commissioner gearing up to begin her five-year leadership term and a Brexit deal on the horizon, we’re checking in on the state of affairs in the European Union (“EU”) with our two EU experts, Isabelle...more
Following the publication and consultation on a green paper earlier this year the UK Government has now published new takeover rules, adding new thresholds to the relevant provisions of the UK Enterprise Act giving the...more
6/26/2018
/ Competition ,
Corporate Counsel ,
Legislative Agendas ,
Merger Controls ,
Mergers ,
National Security ,
New Guidance ,
Secretary of State ,
Threshold Requirements ,
UK ,
UK Competition and Markets Authority (CMA)
Our “trends for 2018” are only a selection of interesting developments to watch for in 2018.
Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given that it is the last...more
2/9/2018
/ Base Erosion Tax ,
Bid Rigging ,
Big Data ,
CFIUS ,
Competition ,
Competition Authorities ,
Cybersecurity ,
Data Protection ,
E-Commerce ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Direct Investment ,
General Data Protection Regulation (GDPR) ,
International Tax Issues ,
Legislative Agendas ,
Mergers ,
Multinationals ,
OECD ,
Premerger Notifications ,
Renewable Energy ,
Sports ,
Standstill Agreements ,
State Aid ,
Transportation Industry ,
TTIP ,
WTO
Introduction -
Our “trends for 2018” are only a selection of interesting developments to watch for in 2018.
Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given...more
1/24/2018
/ Athletes ,
Automated Transportation ,
Base Erosion Tax ,
Bid Rigging ,
Big Data ,
Carbon Emissions ,
CFIUS ,
Competition ,
Competition Authorities ,
Data Protection ,
E-Commerce ,
Electric Vehicles ,
Enforcement Actions ,
EU ,
European Commission ,
European Parliament ,
Foreign Direct Investment ,
GDP ,
General Data Protection Regulation (GDPR) ,
Geo-Blocking ,
Innovation ,
Legislative Agendas ,
Manufacturers ,
Merger Controls ,
Multinationals ,
NAFTA ,
Olympics ,
Online Distribution ,
Proposed Regulation ,
Sports ,
State Aid ,
Supply Chain ,
Tax Evasion ,
Technology Sector ,
Transportation Industry ,
TTIP ,
WTO
The Court of Justice of the European Union (CJEU) confirmed in a short judgment of 6 December 2017 that a prohibition imposed on authorized distributors from using third party platforms for the sale of their luxury products...more
12/8/2017
/ Competition ,
Court of Justice of the European Union (CJEU) ,
Distributors ,
EU ,
New Rules ,
Online Distribution ,
Online Platforms ,
Online Sales Bans ,
Purchasers ,
Retailers ,
Selective Distribution Agreements
A summary of the European Commission’s Policy Document on standard essential patents (SEPs).
After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more
12/1/2017
/ Competition ,
Data Collection ,
Department of Justice (DOJ) ,
ETSI ,
EU ,
European Commission ,
FRAND ,
IP License ,
License Agreements ,
Patents ,
Standard Essential Patents ,
Transparency
In years past, the focus of private international antitrust disputes was the United States. Over a century of experience, treble damages, class actions and the American rule for attorneys’ fees – plus robust enforcement by...more
On 29 March 2017, the same day that United Kingdom has officially launched the Brexit process, the European Commission (Commission) blocked the proposed 29 billion Euro merger between Deutsche Börse AG (DBAG) and London Stock...more
Today, the UK Competition and Markets Authority (CMA) published a 60-second summary for company directors to avoid disqualification for breaches of competition law. Please see the full text of the guidance here. This is part...more
Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more
1/25/2017
/ Cartels ,
Competition ,
Data Protection ,
Digital Single Market ,
EU ,
European Commission ,
FRAND ,
General Data Protection Regulation (GDPR) ,
Innovation ,
Merger Controls ,
Popular ,
Sanctions ,
Standard Essential Patents ,
State Aid ,
Trade Agreements ,
UK Brexit