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Non-compete clauses that require a party to an agreement (or both parties in case of a reciprocal non-compete obligation) not to enter a market where it is currently not present are most common in M&A contracts for the sale of a business, where the seller undertakes not to compete with the sold business for a … Read more
On 18 October 2023, the European General Court (GC) delivered its judgment in Teva Pharmaceuticals Industries and Cephalon v European Commission (Case T-74/21). The GC upheld the European Commission’s (EC) decision from 2020 (Case AT.39686), which imposed a combined fine of €60.5 million on Teva and Cephalon for their involvement in a “pay-for-delay” agreement dating … Read more
On 19 October 2023, the European Commission (“Commission”) published the Third Annual Report on the screening of foreign direct investments (“FDI”) into the European Union (available here), and the accompanying Commission Staff Working Document, pursuant to the annual reporting obligation under Article 5 of Regulation (EU) 2019/452 (“FDI Regulation”). Read more
Our #FDIFriday podcast series continues, bringing together experts from our Global Foreign Investment Regulation Group to discuss the rapidly-evolving FDI regulatory landscape in accessible, digestible podcast episodes. Read more
The EU’s ambitious and innovative Carbon Border Adjustment Mechanism (“CBAM”) was finally adopted as part of a package of other “Fit for 55” climate actions on 10 May 2023. A first Implementing Regulation of over 100 pages was adopted on 17 August 2023 together with over 350 pages of initial guidance. CBAM is an ingenious … Read more
Experts from across our London, Brussels and Dusseldorf competition teams have updated the content for the fourth edition of Lexology Getting the Deal Through: Competition in Digital Markets, the go-to publication helping businesses and their advisers successfully navigate the myriad of complex issues that can arise when applying competition law in digital markets. We are … Read more
Members of the Brussels competition team have written their annual chapter as a contribution to the latest edition of the highly-regarded Global Competition Review (GCR) EMEA Antitrust Review, which provides a comprehensive summary of key recent EU merger control developments. Read more
In June 2023 the European Commission adopted its revised guidelines on horizontal cooperation agreements (Guidelines) together with its revised horizontal block exemption Regulations on R&D and Specialisation Agreements. For an overview of the revised Guidelines, which came into force on 21 July 2023 when they were published in the EU’s Official Journal, see our blog … Read more
Introduction The European Commission has become extremely active in creating new instruments to deal with actual and impending geopolitical challenges and threats. We have previously commented on the adoption of various measures including the Foreign Subsidies Regulation, the FDI Screening Regulation, the Carbon Border Adjustment Mechanism, the Anti-Coercion Mechanism, the Critical Raw Materials Act and … Read more