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100 results for JD Supra European Union › McGuireWoods LLP

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  • European Competition Law Newsletter – October 2020

    EU, UK Competition, State Aid and Public Procurement Law During COVID-19 - While not the most important concern, it should be appreciated that antitrust/competition law, plus the state aid (subsidy) and public procurement rules, continue to apply in the EU and UK during the crisis. So far as the UK is concerned, it is subject to EU law until 31 December 2020 while the post-Brexit...

  • European Competition Law Newsletter – September 2020

    EU, UK Competition, State Aid and Public Procurement Law During COVID-19 - While not the most important concern, it should be appreciated that antitrust/competition law, plus the state aid and public procurement rules, continue to apply in the EU and UK during the crisis.

  • Subject Access Requests and Cross-Border Privilege: Tips for In-House Counsel

    The EU’s General Data Protection Regulation (“GDPR”) contains the much-publicised right of subject access, which gives an individual the right to access a copy of all the personal data a controller holds in relation to him or her.

  • European Competition Law Newsletter – August 2020

    EU, UK Competition, State Aid and Public Procurement Law During COVID-19 - While not the most important concern, it should be appreciated that antitrust/competition law, plus the state aid and public procurement rules, continue to apply in the EU and UK during the crisis.

  • ECJ Invalidates the EU-US Privacy Shield! How Safe is it to Use SCCs for Data Transfers from the EU to the US?

    In its long awaited judgment in the Schrems II case, the ECJ has this morning invalidated the EU-US Privacy Shield citing the “limitations on the protection of personal data arising from the domestic law of the United States on the access and use by US public authorities” in respect of personal data transferred from the European Union to the United States on the basis that such limitations do not

  • European Competition Law Newsletter – July 2020

    EU, UK Competition, State Aid and Public Procurement Law During COVID-19 Pandemic - While not the most important concern, it should be appreciated that European Union and national antitrust/competition law, plus the state aid and public procurement rules, continue to apply in the EU and UK during the crisis. So far as the UK is concerned, it is subject to EU law until at least 31...

  • ECJ to Deliver Judgment on the Validity of SCCs on 16th July 2020

    The Court of Justice of the European Union (ECJ) has announced that it will deliver its judgment in what has become known as the Schrems II case (Case 311/18 Facebook Ireland and Schrems) on 16th July 2020. The judgment will determine the validity of the Standard Contractual Clauses (or Model Clauses) (SCCs) as a transfer mechanism under the GDPR.

  • European Competition Law Newsletter – June 2020

    EU, UK Competition, State Aid and Public Procurement Law During COVID-19 - While not the most important concern, EU and national antitrust/competition law, plus the state aid and public procurement rules, continue to apply in the EU and UK during the crisis.

  • EU, UK Guidance on Public Procurement Rules During COVID-19

    Public sector bodies of all types in the EU and UK are scrambling to acquire a range of goods, services and infrastructure as the COVID-19 pandemic unfolds. Many of these purchases are subject to the public procurement rules, which require tendering of contracts. In the current situation, there is a often mismatch since purchases are needed urgently while the formal tender processes can be slow.

  • New EU Guidance: Applying Competition Law to Business Cooperation During COVID-19

    Many EU and UK businesses want or need to cooperate with competitors or potential competitors as part of their response to the COVID-19 crisis. Antitrust/competition law limits companies’ ability to do this, however, so there is understandable concern as to what is currently permitted.

  • European Competition Law Newsletter – April 2020

    EU, UK Competition Law and State Aid During the COVID-19 Pandemic- While not the most important concern, it should be appreciated that EU and national antitrust/competition law, plus the State aid rules, continue to apply in the EU and UK during the coronavirus (COVID-19) crisis. So far as the UK is concerned, it is subject to EU law until at least 31 December 2020 while the post-Brexit

  • EU, UK Antitrust Regulators Monitor Price Increases Resulting From COVID-19 Demand

    The COVID-19 crisis has resulted in huge demand for a range of consumer and other products, including face masks, hand sanitizer, paracetamol, bottled oxygen and ventilators. For companies manufacturing or reselling these products, this has provided an opportunity to raise prices. Sometimes increases have been dramatic and put in place overnight.

  • European Competition Law Newsletter – March 2020

    Hotel Group Meliá Fined for Active and Passive Cross-Border Sales Restrictions in the EU - On 21 February 2020, the European Commission announced a fine of €6.7 million on hotel group Meliá for including restrictive clauses in its agreements with tour operators. The case shows once again that restrictions on cross-border sales in the EU/EEA are seen as serious infringements of...

  • ISDA to Revisit LIBOR Pre-Cessation Triggers

    In a letter to the International Swaps and Derivatives Association (ISDA) on 20 January 2020, the Financial Conduct Authority (FCA) confirmed the possibility that LIBOR may continue to be published for a short period after regulators have announced that it is no longer representative of an underlying market (a non-representative LIBOR).

  • European Competition Law Newsletter – February 2020

    Brexit Has Happened: No Change for Now - The UK left the European Union (EU) on 31 January 2020. The transition period provided for in the withdrawal agreement between the EU and UK is now in effect and will run, unless extended, until 31 December 2020.

  • European Competition Law Newsletter – January 2020

    EU’s Highest Court Confirms Wide Scope of Potential Claimants in Private Competition Law Damages Claims - On 12 December 2019, the EU’s highest court, Court of Justice of the European Union (CJEU), confirmed that an entity not operating as a supplier or customer on the market affected by a cartel finding may still bring a claim for compensation for loss caused by that cartel.

  • Update on Benchmarks Reform in Derivatives

    On 27 July 2017, the chief executive of the Financial Conduct Authority, Andrew Bailey, announced that the London Interbank Offered Rate (LIBOR) may not continue to be available after 2021. Since this announcement, a number of national working groups have been set up, and consultations carried out, to develop and select alternative risk-free rates (RFRs) to replace LIBOR.

  • European Competition Law Newsletter – December 2019

    Dangers of Cooperation or Coordination on Purchasing - Two recent cases demonstrate the competition law risks which can arise when competitors cooperate or coordinate in relation to purchasing. Competition law compliance programmes must deal with this issue and ensure that the boundary between acceptable and unacceptable behaviour is understood.

  • EU-US Privacy Shield Passes its Third Annual Review

    The EU-US Privacy Shield (Privacy Shield) has passed its third annual review by the European Commission. A framework constructed by the US Department of Commerce and the European Commission to enable transfers of personal data for commercial purposes, the Privacy Shield enables companies from the EU and the US to comply with data protection requirements when transferring personal data from the EU

  • European Competition Law Newsletter – November 2019

    Textbook Long-Term Cartel Fined in the EU - On 27 September 2019, the European Commission announced it had fined two canned vegetable suppliers for participating in a cartel that ran for more than 13 years. Another supplier was not fined since it blew the whistle on the arrangements.

  • European Competition Law Newsletter – October 2019

    Brexit is (or may be) Coming! More than three years after the EU referendum in the UK (in which 37 percent of the electorate at the time voted “Leave”), it is still unclear whether the UK will leave the EU on 31 October 2019 (the current “Brexit Day”).

  • European Competition Law Newsletter – August 2019

    European Commission Finds Predatory Pricing of Chipsets - For the first time in 16 years, the European Commission has imposed a fine for what the Commission found was an abuse of dominance by predatory pricing. Any company which trades with or competes against a dominant provider should be aware that an argument of predatory pricing may be available to control its behaviour in the...

  • European Competition Law Newsletter – July 2019

    BE CAREFUL! PROCEDURAL ISSUES MATTER IN MERGER CONTROL - The analysis of where to file mergers, acquisitions, investments and joint ventures worldwide is more complex than ever. Countries have widely varying jurisdictional regimes and catch a surprising range of transactions.

  • European Competition Law Newsletter – June 2019

    BE CAREFUL WHEN POOLING DATA - On 14 May 2019, the European Commission provided a reminder that, although often pro-competitive and legal, in some situations data-pooling arrangements may be seen as anti-competitive.

  • European Competition Law Newsletter – March 2019

    Consultation on Changes to Rules on Vertical Agreements - The EU Vertical Block Exemption Regulation (VBER) is probably, in practice, the most important of the range of block exemptions which form part of EU competition law.

  • European Competition Law Newsletter – February 2019

    Resale Price Maintenance Rules Apply to Members of Purchasing Cooperative - On 29 January 2019, the German competition authority, the Bundeskartellamt, imposed a fine of €13.4 million on ZEG, a purchasing cooperative. The case shows that just because companies cooperate in purchasing does not mean they can fix downstream resale prices to customers. That will be treated as illegal...

  • European Competition Law Newsletter – November 2018

    First UK Award of Follow-On Cartel Damages - On 9 October 2018, a UK court awarded damages in a follow-on private cartel damages claim. This is the first such award by a UK court and a major development in private competition litigation in the country.

  • Another Ultimatum on the EU-US Privacy Shield

    The EU-US Privacy Shield is one of the legal mechanisms enabling the transfer of personal data outside the European Economic Area to US companies that have self-certified to a number of privacy principles (which correspond to EU data protection requirements). The Privacy Shield replaced the Safe Harbour scheme and came into effect almost two years ago in August 2016.

  • EU Countries Missed the GDPR Deadline and Commission Could take it to Court

    The General Data Protection Regulation (GDPR) is now in effect. On the 25th of May, the day the GDPR took effect, Commissioner Jourová made a speech at the General Data Protection Regulation conference to mark the beginning of a new chapter in data protection’s history in the EU.

  • Retailers, Consent and the GDPR: Is Your Business in Breach?

    After 25 May 2018, data protection will be a high-risk issue for all retailers who fall within the scope of the GDPR. Organizations can be fined up to 4% of annual worldwide turnover or 20 million euros (whichever is greater) for violations of the GDPR. Moreover, the GDPR applies to any business that targets goods or services at individuals located in the EU – so retailers can be caught by the...

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