The new European Commission (the “Commission”) has an ambitious mandate, with economic growth and competitiveness at its heart. On 29 January 2025, the Commission published a Communication entitled “A Competitiveness Compass for the EU” (“Compass”) to guide its work for the next five years. The Compass outlines a strategic framework aimed at enhancing the competitiveness…
On 14 January 2025, the European Commission (“Commission”) published the findings of its first investigation under the EU’s International Procurement Instrument (“IPI”). Findings of the investigation concludes that China unfairly treated EU medical devices and suppliers in its public procurement.[1] The Chinese government did not contest these findings, but noted (accurately) that it had not…
With the introduction of the Foreign Subsidies Regulation (FSR), the European Union (EU) embarked on a new regulatory era. This landmark regulation aims at addressing the distortive effects of subsidies granted by foreign – non-EU – countries to companies operating within the EU, and ensuring a level playing field and fair competition across the internal…
Key message The discretion afforded to the European Commission (‘EC’) is of central importance with regard to the implementation and enforcement of the Digital Markets Act (‘DMA’). If viewed as arbitrariness, particularly in view of a normative framework that arguably permits such a perspective, the European Commission’s decisions may potentially jeopardise the rule of law…
Five years ago, the EU adopted the Foreign Direct Investment (FDI) Regulation as a key trade measure to address an increasingly complex geopolitical stage. Since it became applicable, in 2020, the number of FDI regimes in place in Europe has almost doubled (from 14 to 24), leading to an aggregate screening of over 4,000 transactions…
Adopted in November 2022, the Foreign Subsidies Regulation (FSR) is the latest arrival in the EU competition toolbox. Having just celebrated its second anniversary and with a few cases under its belt, the FSR is still the object of much discussion and curiosity from practitioners and stakeholders. To contribute to this debate, an expert panel…
With the new European Commission (Commission) confirmed, European Union (EU) competition policy will be directed through 2029 by Teresa Ribera Rodríguez as the Executive Vice President (EVP) for a Clean, Just and Competitive Transition from December 2024. EVP Ribera would have her hands full simply continuing the work started by outgoing EVP Vestager, including the…
The Draghi Report proposes substantial reform in the area of competition law, notably offering a critical assessment of recent policies implemented by the European Commission in merger control and antitrust enforcement. The Report will serve as a potential blueprint for Teresa Ribera Rodríguez, the Competition Commissioner-Designate and the European Commission to shape and execute competition…
Introduction Earlier this year, the European Commission published a legislative proposal for a new FDI Screening Regulation. The legislative proposal builds, as noted in the Commission’s 4th Annual Report on the screening of foreign direct investments (FDI), on the experience gained by the Commission and EU Member States over the previous three years under…
As the DMA’s enforcement is in full swing, the complexities of its specific provisions and questions regarding their interpretation are beginning to surface. On 25 March 2024, the European Commission launched formal proceedings to investigate Meta’s ‘pay-or-consent’ model, introduced in November 2023 for Facebook and Instagram, sparking a significant discussion on the interpretation of Article…
