European Commission

European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies

, (Pérez-Llorca, Spain)/ /Leave a comment

“All animals are equal but some are more equal than others” (George Orwell, ‘Animal Farm’) On 28 November 2022, the Council of the European Union gave its final approval to the new EU Foreign Subsidies Regulation 2022/2560 (the FSR). The regulation addresses distortions created by subsidies that are granted by non-EU countries to companies operating…

Abuse of dominance, European Commission, Facebook, Platforms, Tying and Bundling

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Factual background Just before 2022 ended the Commission sent a statement of objections to Meta regarding the potential abusive behaviour of Facebook. According to the statement of objections, Facebook may be engaging in (i) abusive tying practices with regard to Facebook Marketplace as users (i.e. consumers) that log into Facebook and are automatically also offered…

Dutch clause, European Commission, Killer acquisitions, Mergers

(White & Case, Belgium) and , (White & Case)/ /Leave a comment

The European Commission has published a Frequently Asked Questions and Answers (“Q&A”) document which aims to provide practical information with respect to the application of its recently revised Article 22 referral policy. The Q&A in particular addresses how transaction parties can approach the EC for “early indications” whether a transaction is a candidate for referral…

Abuse of dominance, European Commission, Patent settlements, Pharmaceuticals

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On 10 October 2022, the European Commission (EC) sent a Statement of Objections to Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva). The EC has provisionally found that Teva abused its dominant position in the market for the treatment of multiple sclerosis by misusing patent procedures and engaging in a disparagement campaign. This is not…

Compliance, European Commission, Regulation

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On 7 November 2022, the European Commission published a proposal for a Regulation on the collection and exchange of data on short-term rental services, with the aim of establishing harmonized rules and providing public authorities access to data. The initiative intends to facilitate the development of a responsible, fair, and trusted growth of short-term rentals…

Digital Markets Act, European Commission, Google, Self-preferencing

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The DMA will start to apply in March 2024. The European Commission (EC) has acquired the compromise to make the process of the DMA’s future implementation, monitoring and oversight of compliance as transparent as possible. In this same vein, the first of the DMA’s stakeholders’ workshops was held on the 5th of December on the…

European Commission, European Union, Foreign subsidies, Regulation

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On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by mid-2023, will have a major impact on companies that engage in M&A and public tenders in the EU, and which…

Arm's length principle, European Commission, State aid, Tax, Taxation

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With its judgment of 8.11.2022, the ECJ’s Grand Chamber put an end to the Commission’s recent case practice on transfer pricing rulings. In 32 paragraphs (paras 81-112), it seems to have demolished an 8-year laborious effort of the Commission’s DG COMP and Legal Service to employ State aid rules against the advance transfer pricing agreements…

Digital markets, European Commission, Evidence, Innovation, Market definition, Platforms

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On 8 November 2022, the European Commission launched a public consultation on its draft revised Market Definition Notice. The new Notice provides detailed explanatory guidance based on the recent case law of the European Commission and the European Court of Justice. It takes into account the latest market developments, in particular, competition on non-price elements…

Dutch clause, European Commission, European Court of Justice, Gun jumping, Innovation, International Law Talk, Merger control, Pharmaceuticals, Podcast

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In the last edition of the International Law Talk Podcast, I had the pleasure to interview Jay Modrall on the Illumina/Grail saga. Jay talks us through the whole case with all its interesting aspects: external and internal dimensions, article 22 referrals, gun-jumping, phase II, court proceedings, substantive issues with competition innovation and much more. Listen…