European Commission

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

(University Villanueva, Spain)/ /Leave a comment

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. After the first stakeholders’ workshop on the ban on self-preferencing, on the 27th of February, the Commission held its second workshop…

European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Fundamental rights, Merger control, Merger notification, Mergers, Public procurement

(Norton Rose Fulbright, Belgium)/ /Leave a comment

The European Union’s (EU’s) new Foreign Subsidies Regulation (FSR), entered into force on January 12, 2023.  The FSR creates a unique new quasi-antitrust regime to combat distortions of competition in the EU internal market caused by subsidies multinationals receive outside the EU.  It imposes new mandatory notification and approval requirements for acquisitions of significant EU…

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

(Kirkland & Ellis, Belgium) and , (Kirkland & Ellis)/ /Leave a comment

On 6 February 2023, the European Commission (“EC”) published the draft Implementing Regulation and notification forms (together: the “IR”) relating to the EU Foreign Subsidies Regulation (“FSR”). The EC has launched a four-week public consultation period that will allow stakeholders to comment; i.e., there may still be changes to the IR. However, it can in…

Digital competition, Digital markets, European Commission, Market definition, Online platforms

(University of Glasgow)/ /2 Comments

In November 2022, the European Commission published its draft revision of the Market Definition Notice. This is the first time the Notice was revised since its adoption in 1997. The draft revised Notice on Market Definition is an impressive piece of work, which makes clear strides in updating the Market Definition Notice for the future….

Brexit, China, Competition policy, European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Merger control, Private investment, Property investment, Public procurement, Regulation, Remedies, State owned enterprise (SOE), Subsidies, Switzerland, Tax, Taxation, Tender, Trade Law, United Arab Emirates, United Kingdom, United States of America

(University of Vienna, Austria)/ /Leave a comment

On 12 January 2023, the new EU Foreign Subsidies Regulation (FSR) entered into force. The majority of the FSR will start to apply on 12 July 2023. The FSR constitutes a new investigatory review tool for the European Commission. It will focus on economic behaviour on the internal market by companies who received foreign subsidies…

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

(Leiden University)/ /Leave a comment

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

(Allen & Overy)/ /Leave a comment

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

(Mylegalinbox)/ /Leave a comment

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…