News & Analysis as of

Investors Court of Justice of the European Union (CJEU)

Latham & Watkins LLP

Infrastructure Insights - October 2023

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EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

Latham & Watkins LLP

Green Power and the Protections of Intra-EU Energy Investment

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The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

Goodwin

New Developments on the VAT Exemption for Fund Management Services

Goodwin on

On 17 June 2021, the Court of Justice of the European Union (CJEU) rendered two decisions about the application of the VAT exemption for management services provided in article 135 (1) (g) of the EU VAT Directive and...more

McDermott Will & Emery

International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more

A&O Shearman

Why investors should care about their portfolio companies infringing competition law

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Financial investors, including private equity businesses, can be held liable for competition law infringements committed by one of their portfolio companies....more

Dechert LLP

EU Court of Justice: Financial Investors Liable for Anticompetitive Conduct of Portfolio Companies

Dechert LLP on

The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, even after an IPO that left the investor holding only a minority...more

K&L Gates LLP

Brussels Regulatory Brief: November 2020

K&L Gates LLP on

ANTITRUST AND COMPETITION  - The Court of Justice of the European Union Reinforces the European Commission’s Strict Approach on Parental Liability for Antitrust Breaches of Subsidiaries  - On 28 October 2020, the Court of...more

A&O Shearman

Jurisdictional objections based on CJEU's Achmea judgment fail in Energy Charter Treaty arbitration

A&O Shearman on

ICSID tribunal retains jurisdiction, rejecting Germany and European Commission’s arguments that intra-EU arbitration under ECT incompatible with EU law - On 31 August 2018, the arbitral Tribunal hearing the claim by...more

Jones Day

ESMA Fines Five Banks for Negligently Issuing Credit Ratings

Jones Day on

The Situation: The European Securities and Markets Authority ("ESMA") has fined several banks for negligently issuing credit ratings on a professional basis without obtaining the necessary authorization to be a credit rating...more

Mintz - Securities Litigation Viewpoints

Viability of Dutch Claims Foundations In Question

As we have previously noted, Dutch Foundations (or Stichtings) have been considered a useful tool in seeking recovery for losses on foreign securities. After the Morrison decision closed U.S. courts to claims for purchases of...more

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