Prohibiting Trade in Forced Labour Goods in the EU

    Background On 14 September 2022, the European Commission issued a proposal for a Regulation of the European Parliament and of the Council “on prohibiting products made with forced labour on the Union market” (“Forced Labour Regulation“). The proposal will follow the ordinary legislative procedure in which the European Parliament and the Council of the EU … Read more

    Preparing for CBAM

    Introduction As the climate crisis intensifies and the severity of measures to reduce emissions in the EU increases, the problem of “carbon leakage” whereby the carbon intensive aspects of production move out of the EU has been subject to ever more urgent calls to “level the playing field”. As a result, the EU is introducing … Read more

    Class Actions in England and Wales podcast series: Episode 2 – Competition claims

    The post below was first published on our Litigation blog. In this podcast, Kim Dietzel, Stephen Wisking and Maura McIntosh discuss competition class actions under the Collective Proceedings Order regime in the Competition Appeal Tribunal (CAT), which allows claims to be brought on either an “opt-in” or “opt-out” basis. This is an area that has seen very significant growth over the … Read more

    Düsseldorf Court clarifies transaction value threshold in Meta/Kustomer deal

    In a recently published judgment, the Higher General Court of Düsseldorf has objected to the interpretation of the transaction value threshold under the German merger control regime by the Federal Cartel Office (Judgment of 23 November 2022 – Kart 11/21 (V)). The judgment provides helpful guidance on the notification requirement under German merger control in … Read more

    EU Foreign Subsidies Regulation Adopted – Draft Implementing Regulation to be Published Beginning of 2023

    The EU has now formally adopted its new Foreign Subsidies Regulation (“FSR”), which will start to apply from mid-2023. The European Commission will shortly be publishing a draft Implementing Regulation, which will set out what must be included in notifications under the FSR and further procedural details. This should help companies focus the due diligence … Read more

    GCR Foreign Direct Investment Regulation Guide – second edition: now live and free to access online

    The second edition of the Global Competition Review (GCR) Guide to Foreign Direct Investment Regulation – edited by Veronica Roberts, competition and foreign investment partner at Herbert Smith Freehills – has now been published online. The Guide has been comprehensively updated to reflect important recent developments in the fast-moving Foreign Investment Regulatory landscape. It draws … Read more

    Are we headed for a Subsidy War?

    Good or bad subsidies Crises provoke government action and governments often react to crises with subsidies. For example, widespread subsidisation has occurred throughout the world in response to the financial crisis, to the COVID pandemic, to the resulting supply chain disruption and to the more recent energy emergency. The traditional view in trade circles has … Read more