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The EC Issues Guidance on Assessing Market Distortions Under the Foreign Subsidies Regulation

The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more

Unwelcome Visitors? UK Court Greenlights Domestic Search Warrants in Competition Cases

The UK Competition and Markets Authority ("CMA") has successfully appealed a decision of the UK Competition Appeals Tribunal (the "Tribunal") rejecting its application for a warrant to search domestic premises—paving the way...more

European Union Adopts Strategy to Develop Carbon Capture and Storage Technologies

The European Commission ("Commission") adopted an Industrial Carbon Management Communication ("Communication") on 6 February 2024, outlining the Commission's ambitions for a strategy to boost the deployment of technologies in...more

JONES DAY TALKS® - Charting the Course: Antitrust's Past, Present, and Future in Labor Markets [Audio]

Antitrust enforcement in labor markets continues to escalate worldwide. Jones Day partners Kevin Hart and Philipp Werner talk about the continuing crackdown on anticompetitive labor practices in the U.S. and across the EU,...more

EU Adopts Reporting Requirements for Transactions and Public Bids Under the Foreign Subsidies Regulation

In Short - The Situation: On July 10, 2023, the European Commission ("EC") adopted the Implementing Regulation ("IR") and the corresponding notification forms (Form FS-CO and Form FS-PP), which specify the information and...more

Towards a Less Effects-Based Approach? European Commission Takes Action to Amend EU Framework on Exclusionary Abuses of Dominance

In Short - The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance...more

EU Foreign Subsidies Regulation Filings Mandatory Starting in October 2023

The foreign subsidies regulation ("FSR") requires prenotification of certain large M&A transactions and public bids involving companies that receive subsidies from governments outside the European Union ("EU")....more

Digital Markets Act: European Union Adopts New "Competition" Regulations for Certain Digital Platforms

The European Parliament ("EP") and Council formally adopted the Digital Markets Act ("DMA") in July 2022, imposing new behavioral obligations on large digital platforms qualifying as "gatekeepers." The final agreement...more

REPowerEU: A New Energy Landscape for Europe

In March 2022, the European Commission published "REPowerEU," a blueprint of its planned changes to the regulation of European Union energy markets in direct response to the Russian invasion of Ukraine in February 2022. At...more

EU Readies New Regulation of Foreign Subsidies That "Distort the EU Market"

Overview of the FSR - The Treaty on the Functioning of the European Union ("TFEU") prohibits any form of public financial support selectively granted to businesses that distorts competition, absent an exception. The EU's...more

EU Competition Enforcers Permit "Necessary and Temporary" Cooperation to Mitigate Disruption from Ukrainian Conflict

The European Competition Network ("ECN") issued a policy statement indicating that member agencies will not intervene in legitimate, cooperative efforts to address disruptions caused by the conflict in Ukraine and related...more

EU Revises State Aid Rules for Important Projects of Common European Interest

Background - The Treaty on the Functioning of the European Union ("TFEU") prohibits Member States from selectively granting public financial support to businesses that distorts competition and affects trade among Member...more

EU Adopts Revised Guidelines on State Aid for Climate, Environmental Protection and Energy

EU rules prohibit "State aid," unless the Commission authorizes the aid as compatible with the EU Treaties. State aid is a Member State funding measure imputable to the State and financed through State resources that benefits...more

Black Boxes in Automobiles: European Union Requires Installation of Event Data Recorders

The Background: In 2019, the European Commission and the European Council jointly approved a regulation that will require new safety measures in motor vehicles starting July 2022, including the installation of so-called...more

Germany Adopts New Competition Rules for Tech Platforms

The Development: The Bundestag, the German legislature, amended Germany's antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple...more

Epic Games Alleges Apple Abused Market Power Under Recent Australian Competition Law Amendments

Fortnite game maker Epic Games brings dispute with Apple to Australia, alleging "misuse of market power." Epic Games, developer of the popular game Fortnite, filed proceedings in the Federal Court of Australia alleging...more

Unfair Data Protection Practices May Constitute an Abuse of Market Power

The Situation: An investigation launched in 2016 by the German competition authority was meant to determine if Facebook was abusing its market position with its imposition of "misleading" data protection policies. The...more

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part II)

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part I)

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

Muddy Road Ahead: European Liability Legislation Remains Unclear for Autonomous Vehicles

The Situation: The liability regimes for product liability related to driverless cars in various European countries remain far from harmonized, and lawmakers trail behind the faster moving reality. The Plan: The European...more

CJEU Issues Long-Awaited Coty Decision on Luxury Goods Supplier's Online Platform Ban

The Ruling: On December 6, 2017, the Court of Justice of the European Union ("CJEU") issued its long-awaited judgment in the Coty case, which clarifies the extent to which an online platform ban within a selective...more

State Aid in Disguise?—EC Investigates UK Tax Regime

The Background: The European Commission has opened an in-depth investigation into a specific provision of the UK-controlled foreign company rules. The Issue: The Commission will investigate whether the UK's so-called Group...more

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

European General Court Rules (again) on Mandatory Access and Interoperability in Software Industry

The Ruling: A recent European General Court decision provided valuable guidance on applying abuse of dominance rules (Article 102 TFEU) in the context of software products and provided some welcome clarifications regarding...more

Antitrust Alert: Germany Issues Antitrust Guidance on Multilateral and Unilateral Behavior

The German Federal Cartel Office ("FCO") provided guidance on several hot antitrust topics in July 2017. While the guidance is contained in the FCO's report on its sector inquiry into the cement and ready-mix concrete...more

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