On 23 December 2022, the EU published the final text of its new regime to fight foreign subsidies distorting the internal market. The so-called Foreign Subsidies Regulation targets foreign-subsidised M&A transactions, but also any kind of foreign-subsidised activity affecting EU markets, including the bidding for public contracts in the EU, and complements existing EU antitrust … Continue Reading
As consumers demand more eco-friendly products and services, many companies are scrambling to prove their green credentials. Transportation and logistics companies are no different, seeking to provide more environmental-friendly means of transportation for goods and trying to source green suppliers. However it is vital that companies tread carefully and do not embellish the truth when … Continue Reading
The new Subsidy Control Bill (the Bill) recently had its first reading in the House of Commons. Once passed into law, this Bill will introduce a new UK regime regulating the distribution of subsidies from government bodies to businesses in the UK. The Bill is significant and is expected by many to be the biggest … Continue Reading
The practice of making misleading environmental claims (so-called “greenwashing”) carries increasing risk in Europe. The European Commission and national consumer protection and/or competition authorities are more committed than ever to fight it, and a new EU initiative will require companies to substantiate claims they make about the environmental footprint of their products or services. In … Continue Reading
The European Commission (EC) recently revealed a major change in merger policy affecting cross-border M&A deals in Europe. The new referral practice creates significant uncertainty for deals that would not have previously triggered scrutiny in the EU. In our latest client alert, we shed more light on the EC’s new referral policy and identify the … Continue Reading
Ahead of a recent matchmaking event created with the aim of supporting the acceleration and upscale of COVID-19 vaccine production, the European Commission stipulated certain safeguards in a comfort letter issued to the organisers. Our latest client alert serves as a useful reminder of the practical safeguards that should always be in place when companies, … Continue Reading
On 4 February 2021, the European Commission’s Directorate-General for Competition held a discussion about how EU competition policy can contribute to the Commission’s sustainability goals, embodied in the European Green Deal. In that context, it discussed, amongst others, how to assess the compatibility of sustainability agreements with article 101 of the Treaty on the Functioning … Continue Reading
Becoming a theme of increasing concern, competition regimes from across the globe have started to take new measures to sanction natural persons. To address these latest developments, we have provided a global analysis of the issue in our latest client alert – click here to read the full piece. This update is the third in … Continue Reading
The EU and UK have very similar systems of competition law enforcement however Brexit has given the UK a degree of autonomy and the opportunity to apply its own rules and regulations independent of the European Commission. We consider the likely practical impact of Brexit across three key areas of competition enforcement: investigations into violations of … Continue Reading
Since the start of the global pandemic, state attorneys general continue to actively pursue price-gouging investigations against individuals and entities, but courts seem to be taking a different, more business-friendly approach. Recent case developments and law amendments highlight the fact that price-gouging laws are subject to limitations. Our team explores these issues in our latest … Continue Reading
Continuing our podcast series on price gouging laws, members of our global antitrust lawyers focus on the situation around price gouging (excessive pricing) in the EU, France, Germany and the UK in our latest instalment. The COVID-19 crisis has cast new light on excessive pricing practices in Europe, our team explains the impact the pandemic … Continue Reading
In certain jurisdictions, having a tailored and comprehensive compliance programme in place may reduce the size of a fine resulting from anticompetitive activity. Members from across our global competition team have come together to analyse the approaches of key jurisdictions and whether they offer discounts for businesses that have breached competition rules but have a … Continue Reading
For the latest update on the various European measures that regulate the aviation sector, including a summary of the measures adopted by the European Union to deal with the impact of the COVID-19 pandemic, read our recent client alert here. … Continue Reading
Our U.S. team members recently joined Reed Smith’s Countering the Crisis podcast to provide an overview of the U.S. laws around price gouging in light of COVID-19. The episode addresses various ways to spot and report alleged price gouging, as well as ways to protect against price gouging claims. Our team also shares their thoughts … Continue Reading
On 18 June 2020, the German Parliament agreed to further rules on tightening foreign investment control by adopting the First Act on the amendment to the Foreign Trade and Payment Act (Außenwirtschaftsgesetz – AWG). The first amendment to the AWG was published in the Federal Gazette on 16 July 2020 and entered into force on … Continue Reading
Though competition compliance programmes may differ across jurisdictions, having one is widely regarded as essential. A way to ensure competition rules are effectively followed is to ingrain competition compliance into company culture. In our latest client alert, we consider the Competition and Markets Authority’s recent initiatives, and what steps businesses can take to foster a … Continue Reading
The German Federal Ministry for Economic Affairs and Energy implemented further amendments to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – AWV) due to the COVID-19 pandemic to prevent the buyout of German companies active in the health care and infection protection sectors by investors from outside the EU (or EFTA). The amendment entered into … Continue Reading
A version of this article was previously published in French by Le Club des Juristes. Following the economic shock caused by the COVID-19 pandemic, the French and European competition authorities announced certain changes to competition law. Companies will be able to cooperate in certain sectors, in particular with a view to promoting the supply, production … Continue Reading
In hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783, 2019 WL 4251889 (9th Cir. Sept. 9, 2019), a Ninth Circuit panel affirmed the district court’s grant of a preliminary injunction in favor of hiQ, which prohibited LinkedIn from denying access to publicly available data on LinkedIn profiles. The Ninth Circuit declares that selectively banning potential … Continue Reading
California Governor Gavin Newsom recently signed an Executive Order to allow state agencies to join together and negotiate the purchase of prescription drugs. This measure could significantly reduce the cost of drugs and therefore will most certainly impact pharmaceutical manufacturers, managed care companies, pharmacies and other industry participants, as well as prescription drug consumers. For … Continue Reading
