European Commission

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission

(University Villanueva, Spain)/ /Leave a comment

The DMA celebrates its second year of application. Since its existence, the regulation has brought changes to the digital space but also regulatory unpredictability in terms of legal standards and enforcement strategies. It’s, however, a time to reflect on the DMA’s achievements and there is nothing better to assess that than to look out for…

Competition, European Commission, European Union, Remedies

, , (Hogan Lovells)/ /Leave a comment

The European Commission’s study on 20 years of EU antitrust remedies finds that while most remedies in antitrust cases were implemented, less than half achieved their intended effect. EU law currently subordinates structural remedies – such as divestments – to behavioral fixes. The study recommends scrapping this hierarchy, as behavioral remedies in particular often proved…

Antitrust, Competition, Enforcement, European Commission, European Union, Remedies

(NERA) and (University of Leeds)/ /Leave a comment

Time present and time past Are both perhaps present in time future, And time future contained in time past. From T. S. Eliot, Four Quartets   Establishing an antitrust infringement can already be an arduous task. Yet, effective antitrust enforcement increasingly requires designing remedies that go above and beyond just prohibiting the infringing behaviour. This…

Competition policy, ESG, European Commission, Internal Market, Sustainability

, , (Simmons & Simmons)/ /Leave a comment

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…

China, European Commission, Public procurement

, (White & Case)/ /Leave a comment

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…

Enforcement, European Commission, Foreign subsidies, Foreign Subsidy Regulation, Merger control, Mergers, State aid, Subsidies

, , (Simmons & Simmons)/ /Leave a comment

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…

Digital, Digital markets, Digital Markets Act, Enforcement, European Commission

(Morais Leitão)/ /Leave a comment

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…

European Commission, Foreign direct investment, Foreign investment

, , (Simmons & Simmons)/ /Leave a comment

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…

Conference, European Commission, Foreign subsidies, Foreign Subsidy Regulation, Geopolitics, Merger control, Merger notification, Merger Thresholds, State aid, State owned enterprise (SOE), Subsidies, Tender, Trade Law

(Simmons & Simmons) and (University of Antwerp)/ /Leave a comment

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…

Art. 22, Competition policy, European Commission, Guidance, Killer acquisitions, Merger control, Mergers

(Norton Rose Fulbright, Belgium) and , (Analysis Group)/ /Leave a comment

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…