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261 results for JD Supra European Union › McDermott Will & Emery

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  • European Commission Announces New Approach to Merger Review Referrals Falling Below Thresholds

    Under current EU merger control rules, whether a concentration has to be notified to the European Commission (“Commission”) depends, among other things, on the level of revenue generated by the parties worldwide and in the European Union. A key question that has sparked considerable debate in recent years is whether the current merger control thresholds cover all transactions that have the...

  • International News: Focus on Global Privacy and Cybersecurity - September 2020

    Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will inform these individuals that they were exposed to a contagious patient and encourage them to monitor their symptoms and quarantine for a period of time. In...

  • VAT MOSS Schemes and Brexit

    This On The Subject explains how the Mini One Stop Shop (MOSS) system for VAT works and what affected businesses need to do to prepare for Brexit-related changes after the transition period ends. In summary, unless a suitable trade deal is agreed between now and 31 December 2020, worldwide businesses engaged in cross-border sales of business-to-consumer (B2C) digital services to EU-base

  • Special Report - Schrems II: What Does the CJEU’s Decision Mean for Transfers from the EEA to the US?

    In our Schrems II Practical Guidance special reports, members of McDermott’s internationally recognized Global Privacy & Cybersecurity group have outlined practical guidance and next steps to ensure your business is prepared for what’s next following the final ruling in Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems. As your organization navigates the

  • What are the Life Science Transaction Trends in the Wake of the Sanitary Crisis?

    In the second installment of McDermott’s webinar series, HPE Europe 2020: What are the Life Science Transaction Trends in the Wake of the Sanitary Crisis?, moderator and McDermott partner Emmanuelle Trombe and industry experts Joseph El Khoury of Natixis, Cédric Garcia of EY’s Life Science Group, Dr. Erich Tauber of Themis Bioscience and Daniel Teper of CYTOVIA Therapeutics shared lessons learned

  • What is the Impact of Recent Regulation and Government Measures on Investments in Healthcare and Life Sciences in Europe?

    In the fourth installment of McDermott’s HPE Europe Summer Webinar Series 2020: What’s the Impact of Recent Regulation and Government Measures on Investments in Healthcare and Life Sciences in Europe? moderator and McDermott partner Dr. Stephan Rau and industry experts Karthic Jayaraman of TPG Capital, Max Müller of Bayer, Ben Faircloth of L.E.K. Consulting and Dr. Ulrich Wandschneider, former...

  • European Commission Consultation on Ex Ante Regulation of Online Platforms: Is Change Coming?

    In parallel to a public consultation to seek feedback from the public regarding the New Competition Tool, the European Commission (Commission) is consulting on a proposal for an ex ante regulatory instrument that would ensure that “online platform ecosystems controlled by large online platforms that benefit from significant network effects remain fair and contestable, in particular in situations...

  • European Commission Initiates Consultation on Possible New Competition Investigation Tool

    On 2 June 2020, the European Commission (the Commission) published its inception impact assessment (or roadmap) on the possible adoption of regulation that would introduce a new market investigation tool. This assessment was immediately followed by the launch of a public consultation to seek views and feedback from the public regarding such a tool. The new tool would enable the Commission to...

  • European Financing Dynamics in the Second Half of 2020

    Although companies across many sectors felt the impact of the Coronavirus (COVID-19) pandemic immediately, the true effects and likely impact will not be seen until later this quarter and beyond. Whilst some companies have been quick to launch amendment processes, many have been busy testing financial models, ensuring liquidity and trying to minimise expenditure, as is common during times of...

  • COVID-19 – Bavaria Fund

    In addition to the Economic Stabilization Fund (Wirtschaftsstabilisierungsfonds; “WSF“; see the summary by McDermott (German only)), which was established by the German federal legislator, the Bavarian legislator has decided to establish a Bavaria Fund (BayernFonds) to help stabilize companies in the Federal State of Bavaria. The law on the Bavaria Fund and the Bavarian Finance Agency (BayernFonds

  • COVID-19, Brexit, and Ongoing EU and UK Regulatory Initiatives for Product Compliance

    The year 2020 has brought a host of unique challenges for EU product importers and manufacturers, including those in the chemical sector. Just as most businesses got to grips with their preparation for the disruption caused by Brexit and upcoming regulatory initiatives—such as forthcoming REACH Implementing Regulation on Dossier Updates, consultations on the revision of the Restriction of...

  • Special Report - COVID-19 Update: Adrressing Liquidity Risk - April 2020

    This document provides a summary of the policy changes that have been announced in multiple jurisdictions in response to the COVID-19 crisis. We have selected the most relevant topics, which may be of interest for managing the liquidity risks that businesses are now facing due to the outbreak of the virus in the following jurisdictions: Italy, UK, Germany, US and France. As...

  • Navigating the Turbulent Waters of COVID-19: Top Tips for Heads of Tax

    During the Coronavirus (COVID-19) crisis, business may slow down or even completely shut down, sales are down or next to zero, cost cutting programs have already started, and nobody knows exactly when the recovery will begin. How can the Head of Tax contribute...

  • European Commission Adopts Temporary Framework for State Aid to Businesses Affected by COVID-19

    On 19 March 2020, the European Commission adopted a temporary framework that allows Member States to grant certain State aid to businesses to help them face the economic and financial consequences of the Coronavirus (COVID-19) health crisis. In the wake of this decision—and in a record time of 48 hours—the Commission authorised the implementation of three French aid schemes on 21 March 2020 and...

  • Privacy in a Global Pandemic: Analysis of COVID-19 Guidance by Data Protection Authorities

    The Coronavirus (COVID-19) continues its spread across the globe and—along with the clear public health and economic concerns—is raising numerous questions regarding privacy and data security. Data protection authorities worldwide are responding quickly, issuing guidance that variously revises and reinforces existing legal requirements. This article provides an overview of current guidance in the

  • COVID-19 and EU Competition Proceedings: Extraordinary Times Call for Extraordinary Measures

    As part of efforts to mitigate the effects of COVID-19, the Directorate-General for Competition of the European Commission and the EU courts are taking measures to prevent the spread of the virus among individuals whilst at the same time seeking to ensure that the EU economy remains as stable as possible. McDermott’s Brussels office—including lawyers Jacques Buhart, Wilko van Weert, Andrea...

  • COVID-19 – Contingency Planning Checklist for Private Equity Portfolio Companies

    Following the wider outbreak of the coronavirus (COVID-19) around the world, radical—and sometimes controversial—actions have been and are further expected to be taken by national, federal and local governments and authorities in affected countries. Given the scope of these actions, along with widespread impacts of the crisis on employment, supply chains, pending M&A activity, capital markets

  • Special Report - 2019 Global Employment Law Year in Review - March 2020

    We are proud to introduce the first annual McDermott Global Employment Law Year in Review: 2019. The purpose of this publication is to provide you with concise summaries of many of the laws and court decisions from 2019 that significantly impact employers and employees all over the world. Many of the updates presented in this publication describe changes in the law that are well known...

  • Healthcare Year in Review: Focus on Europe - March 2020

    From the rise of digital health opportunities to concerns stemming from political shifts, McDermott partners review major European health trends in 2019 and look forward to what we might expect to see from 2020 onwards. This commentary comes with the understanding that European health systems vary from country to country and cannot be considered a single industry. However, we have...

  • Coronavirus FAQs for Multi-National Employers

    HOW SHOULD MULTI-NATIONAL EMPLOYERS APPROACH THE CORONAVIRUS? Those that employ a global workforce are facing unique challenges with the evolving coronavirus outbreak. The number-one priority of every global employer is the health and safety of its employees—wherever they are located...

  • EU Commission Issues Another Fine for Restrictions on Cross-Border Licensed Merchandise Sales

    The European Commission has reiterated its position that if a business allows for the non-exclusive licensing of its products in the EEA, such licensor can no longer control where, to whom, and in what manner (online/off-line) the products can be sold within the EEA. On 30 January 2020, the Commission fined NBCUniversal Media, LLC, and other Comcast Group companies (collectively,...

  • Special Report - 2019 IP Law Year in Review – European Issues

    The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council adopted in April 17, 2019, a controversial directive (Directive 2019/790 on copyright and related rights in the Digital Single Market) imposing on online content-sharing...

  • Impact of Brexit on IP Rights

    From 31 January 2020, the UK is no longer an EU Member State. This article outlines the main impacts of Brexit on intellectual property rights, including patents, trademarks, designs and models, copyrights, and sui generis database rights. It also identifies some uncertainties that will need to be cautiously monitored.

  • EU Competition Review 2019

    McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There were also many interesting cases decided by the General Court and the Court of Justice of the European Union. All these new rules and judicial decisions may be relevant for...

  • The EU Medical Device Regulation: What’s Next?

    The EU Medical Device Regulation goes into application on 26 May 2020, with the In Vitro Diagnostic Medical Device Regulation set to follow on 26 May 2022. These new Regulations bring sweeping changes to the market clearance for medical devices within the European Union, and have far-reaching consequences for the life sciences industry.

  • European Data Protection Supervisor Issues Opinion on Conducting Research Involving European Personal Data

    The European Data Protection Supervisor, the independent European Union authority responsible for data protection regulatory oversight, issued a preliminary opinion on data protection and scientific research. The Opinion provides helpful guidance regarding how organizations may conduct clinical and other scientific research in accordance with the special regime for research under the EU General...

  • International Legal Highlights – November 2019

    EU COMPETITION LAW AND ARTIFICIAL INTELLIGENCE - Artificial Intelligence (AI) and big data are playing an increasingly important role in the economy. Competition law will have to evolve if it is to reconcile the positive and negative effects that the use of these new instruments may have on markets.

  • Interim Measures Imposed on Broadcom: The Re-Awakening of a Once-Dormant Tool?

    The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its prima facie abusive conduct with almost immediate effect. This is the first time in 18 years that the EC has made use of such measure and could signal the re-awakening of a...

  • The Re-Awakening of a Once-Dormant Tool?

    The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its prima facie abusive conduct with almost immediate effect. This is the first time in 18 years that the EC has made use of such measure and could signal the re-awakening of a...

  • EU Competition Commissioner Vestager Nominated for a Second Term – a Tale of Two Hats

    What Happened: On 10 September 2019, European Commission President-elect Ursula von der Leyen nominated Margrethe Vestager as Competition Commissioner for a second consecutive term. As part of a structural shake-up of the Commission, involving the institution of eight Vice-Presidents, three of whom will be “Executive Vice Presidents”, she will additionally serve as “Executive Vice...

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