K&L Gates LLP (JD Supra European Union)
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HUB Talks: Payments Across the Globe Miniseries - Trends in Europe and Belgium
Judith Rinearson and Jeremy McLaughlin sit down with payments lawyers to cover the fintech market place, trends, and developments around the world in the Payments Across the Globe miniseries. In this episode Judith Rinearson and Giovanni Campi discuss the resurgence of post-pandemic consumer spending, the impacts of COVID-19 on fintech and mergers and acquisitions, the EU digital finance...
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Brussels Regulatory Brief: April 2021
ANTITRUST AND COMPETITION - The Commission’s New Guidance Creates Legal Uncertainty for Merger Control in the EU - On 26 March 2021, the Commission published a new Guidance on the application of the EU upward case referral system set out in Article 22 of the EUMR. Under the Guidance, EU Member States can now ask the Commission to review certain transactions that do not meet the national or EU...
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European Union Moves Towards Mandatory Supply Chain Due Diligence: Start Gearing Up For New Directive
Introduction - There has been a proliferation of new laws concerning ethical sourcing and due diligence in supply chains in various territories in recent years. This trend is being taken to the next level in the European Union with a proposed new law that will introduce far-reaching supply chain due diligence obligations for certain businesses.
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European Commission Proposes New Corporate Sustainability Reporting Legislation
The need for a new sustainability reporting framework - On 21 April 2021, the European Commission (the Commission) adopted the Sustainable Finance Package (the Package). The Package is comprised of an ambitious set of policy measures aimed at boosting sustainable investments to finance an inclusive economic recovery from the COVID-19 pandemic and help the redirection of private capital towards...
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European Super League Skating by Competition Law
The announcement from twelve of Europe’s top football clubs of their plan to form a breakaway league (the so-called European 'Super League') sparked an impassioned response from many quarters. One of the threatened sanctions involved both UEFA and FIFA, the respective European and world football authorities, indicating that any player who participated in the ‘Super League’ would not be able to...
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Brussels Rail Transport Brief: March 2021
ANTITRUST and COMPETITION - German Court asks ECJ About Review of Rail Station Fees - The Berlin Higher Regional Court has lodged a request for a preliminary ruling with the European Court of Justice (ECJ) concerning railway station fees charged by Deutsche Bahn’s DB Station & Service.
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The Hydrogen Handbook - European Union
Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive summary of the regulatory, commercial, and policy issues that we believe hydrogen will face on its path to becoming a global commodity and a significant part of the energy mix.
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Navigating the European ESG Disclosure Regime in a Post-Brexit World
Following increased public attention to the global sustainability agenda, investors, public institutions, and companies around the world are increasingly prioritizing environmental, social, and governance (ESG) measures as part of their investment criteria. With this growing demand for sustainable investment strategies, it is unsurprising that the global regulatory landscape has been rapidly...
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Is the European Commission Now Entitled to Review Non-Notifiable Transactions - Even After Closing?
Overview - On 26 March 2021, the European Commission (Commission) published new guidance on the application of the EU upward case referral system (Guidance), pursuant to which EU Member States can ask the Commission to review transactions.
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Brussels Regulatory Brief: March 2021
ANTITRUST AND COMPETITION - The European Commission Opens a New Investigation in the Pharma Sector - On 4 March 2021, the European Commission (Commission) has opened a formal investigation into alleged misuses of patent procedures and exclusionary disparagement of competing products by a pharma company for its blockbuster drug.
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Brussels Air Transport Brief: February 2021
AVIATION REGULATORY AND POLICY - Aviation Policy: European Commission Proposes to set up new European Partnerships and to Invest Nearly €10 Billion for the Green and Digital Transition - On 23 February 2021, the European Commission presented two legislative proposals to set up 10 new European partnerships (the Partnerships) between the EU Member States and/or the industry.
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Brussels Regulatory Brief: February 2021
ANTITRUST AND COMPETITION - The European Commission Accepts Commitments from a Pharma Company to Stop Its Excessive Prices - On 15 May 2017, the European Commission (Commission) announced that it had opened formal proceedings to investigate whether a pharma company abused its dominant position by charging excessive prices for certain off-patent cancer medicines, in breach of EU antitrust rules.
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Brussels Rail Transport Brief: February 2021
ANTITRUST AND COMPETITION - Latvia’s Competition Authority Imposes €5.69 Million Fine on LDZ Cargo for Abusing its Dominance in Rail Freight Transport - On 3 February 2020, Latvia’s Competition Council (CC) fined state-owned LDZ Cargo €5.69 million for abuse of a dominant position concerning rail freight transport in the country.
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English High Court Examines Extent of GDPR's Extraterritorial Jurisdiction
When the General Data Protection Regulation (GDPR) came into force throughout the European Union nearly three years ago, one of its most eye-catching features was its extraterritorial jurisdiction provisions. These extend the reach of the GDPR to businesses located outside the European Union who offer goods or services to EU residents or who monitor the behavior of EU residents.
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Brussels Air Transport Brief: December 2020–January 2021
AVIATION REGULATORY AND POLICY - Aviation Policy: European Commission Presents its “Sustainable and Smart Mobility Strategy” - The European Commission (Commission) presented its “Sustainable and Smart Mobility Strategy,” together with an action plan listing a set of measures to be adopted over the next four years on 9 December 2020.
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The Enforcement of Abuse of Economic Dependence in the EU
INTRODUCTION - Behaviors such as excessive pricing and refusal to supply are often well understood to create potential issues if the company is dominant. However, under the national laws of some EU member states, such conduct can be problematic without the company being dominant on the market, but rather when another party is in a position of economic dependence to the market participant in...
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The European Commission Publishes its Proposals for the Digital Services Act and the Digital Markets Act
On 15 December 2020, the European Commission (the Commission) published its much-awaited digital regulation proposals, the Digital Services Act (DSA) and the Digital Markets Act (DMA). The new draft rules represent a significant overhaul of the European digital space and lie at the core of the Commission’s digital transformation ambitions. These new rules will impact the legal framework for all...
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Brussels Rail Transport Brief: November-December 2020
Commission Approves €1.5 Billion Dutch Scheme to Compensate Public Transport Companies for Damages Suffered During COVID-19 - On 9 November 2020, the European Commission approved, under European Union (EU) state aid rules, a Dutch scheme of €1.5 billion to compensate companies providing regional and long-distance public passenger transport services in the Netherlands for the damage suffered due...
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Brussels Regulatory Brief: November 2020
ANTITRUST AND COMPETITION - The Court of Justice of the European Union Reinforces the European Commission’s Strict Approach on Parental Liability for Antitrust Breaches of Subsidiaries - On 28 October 2020, the Court of Justice of the European Union (CJEU) confirmed the General Court of the European Union (GCEU) judgment and the fine imposed by the European Commission (Commission) on a tire...
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Brussels Air Transport Brief: September-October 2020
AVIATION REGULATORY AND POLICY - COVID-19: European Commission steps up action to reinforce preparedness and response measures across the EU - On 28 October 2020, the European Commission launched an additional set of actions to help limit the spread of COVID-19. With regard to the air transport sector, the Commission intends to implement the following actions...
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Brussels Regulatory Brief: October 2020
ANTITRUST AND COMPETITION - The General Court of The EU Squashes the Commission's Inspection Decisions to Raid the French Mass Retail Sector - The European Commission (Commission), if it has reason to suspect a company is engaged in activity that breaches competition law, will use a “dawn raid” to collect evidence to support its case.
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Vertically Challenged - Insight into the EU Commission's Efforts to Update the EU Rules on Vertical Agreements
The European Commission (Commission) has launched the impact assessment phase concerning its ongoing revision of the Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines, which set out the rules for distribution systems throughout Europe. This means that we finally have the first formal insight into the Commission’s thinking on the various issues that have been...
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Brussels Rail Transport Brief: September-October 2020
ANTITRUST AND COMPETITION - Rail sector receives €4.7 billion in France - On 3 September 2020, the French government announced its intention to provide a €4.7 billion financial support package for the rail sector.
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What Future For UK-EU Data Flows?
With the Brexit transition period ending on 31 December 2020, and no deal in sight, the future of cross-border data transfers between the European Economic Area (the EEA) and the United Kingdom remains unclear. On 1 January 2021, the United Kingdom will be considered as a “third country” and, unless a Brexit deal is proposed dealing with data protection and how data transfers between the EEA and...
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Hydrogen Rising: EU and UK Hydrogen Strategies and Incentives
Giovanni Campi, Francis Iyayi, and David Wochner discuss present and future hydrogen incentives offered within the European Union and the United Kingdom.
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European Commission's Legislative Proposals on Crypto-Assets and DLT
On 24 September 2020, the European Commission (Commission) launched its Digital Finance Strategy (Strategy). The Strategy includes, among other elements: (i) a proposal for a Regulation on Markets in Crypto-Assets with its accompanying Annex (Markets Regulation); and (ii) a proposal for a Regulation on a pilot regime for Market Infrastructure based on Distributed Ledger Technology (DLT) (Pilot...
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Brussels Regulatory Brief: September 2020
ANTITRUST AND COMPETITION - The French Competition Authority Imposes a Record Fine of €444 Million on Three Pharma Companies for Collectively Exploiting Their Dominant Position - On 9 September 2020, the French Competition Authority (FCA) found that three pharma companies collectively held and exploited their dominant position in the age-related macular degeneration (AMD) market.
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European Data Protection Board Publishes Guidelines on the Concepts of Controller and Processor, Brings New Light on the Notion of "Joint-Controllers"
The European Data Protection Board (EDPB) published two sets of new guidelines on 2 September 2020, on the concepts of controller and processor (Guidelines 07/2020, the Guidelines) and on the targeting of social media users (Guidelines 08/2020 - see our alert here). The earlier aims to replace the previous opinion by EDPB’s predecessor, the WP29, on these concepts by clarifying the main concepts...
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Reputation and Likelihood of Confusion – It's All a Bit of a Messi…
CJEU determines no likelihood of confusion between footballer’s “Messi” figurative mark and earlier MASSI mark. Whilst debate will continue to rage as to whether Messi or Ronaldo is the world’s best male football player, the Court of Justice of the European Union (the “CJEU”) has ruled that Argentine superstar can register his name as a trade mark after an almost decade long legal battle.
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Brussels Rail Transport Brief: July-August 2020
ANTITRUST AND COMPETITION - Commission approves German scheme compensating public transport companies - On 7 August 2020, the European Commission approved €6 billion in German state aid to compensate regional and local public transport companies. The aid will go towards public transport companies that faced damages due to the coronavirus pandemic.