Last month, the US-EU Trade and Technology Council (TTC) held its inaugural ministerial in Pittsburgh: US Secretary of State Antony Blinken, Commerce Secretary Gina Raimondo, and Trade Representative Katherine Tai met with European Commissioners Margrethe Vestager and Valdis Dombrovskis. Only three months after the TTC process was launched at the US-EU summit, the two sides
EU Law and Regulatory
EU Brexit negotiator comments on the Ireland/Northern Ireland Protocol
By Marie Daly on
The European Commission Vice President and Co-Chair of the Europe-UK Joint Committee, Maroš Šefčovič, spoke to a meeting of the Irish Institute of International and European Affairs yesterday about the Ireland/Northern Ireland protocol. He spoke of the political risk and the efforts being made to reach a compromise between the EU and the UK on…
Data Divergence: A Brexit Dividend?
By Thomas Reilly on
On 26 August 2021, the UK Government unveiled a package of announcements which effectively set out its post-Brexit data strategy.
This blog looks at the politics around the costs and benefits of a Brexit divergence dividend in this sector, which the UK Government views as a key area of competitive advantage.
High-Level Content of the …
Regulating lobbying in Ireland
By Marie Daly on
Lobbying. The descriptor we use for seeking to influence key decision makers. It’s been a part of commercial life for centuries and many societal structures were and are built on it such as the medieval guilds, modern trade associations, and a myriad of other bodies who exist to influence, persuade and argue. Law firms too. …
The French Competition Authority gives its views on the competition issues arising from Fintech
By Johan Ysewyn & Barbara Monti on
Back in 2020, the French Competition Authority (“FCA”) had announced, in its annual priorities, its interest in the competition implications of the digital revolution in the financial sector, notably in the context of the growth of FinTech, the introduction of blockchain technology and the emergence of “digital giants” in payment services. Shortly after this announcement,
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The Northern Ireland border, UK/EU/Ireland trade …. and Brexit disruption
By Marie Daly on
The 1998 Good Friday Agreement (also known as the Belfast Agreement), which brought to an end three decades of inter-communal violence, also heralded the advent of 23 years of increased cross-border trade and cooperation as well as an increase in Irish exports to the UK. That ease of access and trade was facilitated by the…
The European Commission publishes the results of its evaluation of the horizontal block exemption regulations and guidelines
By Rolf Ali & Johan Ysewyn on
The Commission launched the Evaluation in 2019 to assess the future relevance of the HBERs and the Horizontal Guidelines, since their adoption in 2011 and 2012. It gathered a variety of evidence on the functioning of the HBERs, which included:…
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The Week Ahead in the European Parliament – Friday, June 25, 2021
By Sebastian Vos on
Posted in EU Law and Regulatory
Next week will be a committee week in the European Parliament. Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels. Several interesting votes and debates are scheduled to take place.
On Monday, the Committee on the Environment, Public Health and Food Safety (“ENVI”) will vote to adopt proposed amendments to the draft opinion on critical raw materials (“CRM”). The amendments can be found here. The opinion is addressed to the Committee on Industry, Research and Energy (“ITRE”) and will contribute to a report on a European Strategy for Critical Raw Materials (see here). The draft opinion, presented by Rapporteur MEP Sara Matthieu (Greens/ALE, BE), highlights the need for conditions regarding the extraction, processing, and use of CRM to be aligned closer with the EU’s sustainability targets. The language of the proposed amendments aims to balance environmental concerns with industry’s ability to adjust to the new requirements. It is widely expected to be adopted. The European Commission brought the issue of CRMs to the forefront last year when it published its “Action Plan on Critical Raw Materials”. The Action Plan intends to decrease the dependency of Europe’s industry on third-country suppliers, and, instead, develop the circular and sustainable use of resources and diversify mineral sourcing from third countries, thereby ultimately improving supply-chain resilience. The Commission’s Action Plan can be found here.…
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Transatlantic Summits: Main Takeaways for Tech and Defense
Three summits last week—G-7, NATO, and U.S.-EU—launched a wide range of transatlantic initiatives to coordinate policy, particularly on trade, technology, and defense. These new formats and dialogues can ensure a much deeper level of regulatory cooperation between the United States and Europe by exchanging perspectives, briefing materials, and in some cases, staff. For companies on both sides of the Atlantic, these emerging policy trends also open up new opportunities to engage decision-makers both in Washington and European capitals.…
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EU Courts extend the doctrine of “undertaking” to private claims for damages
By Katarzyna Sadrak, Elliot Moore & Miranda Cole on
Posted in Competition, EU Law and Regulatory
The wide understanding of the notion of “undertaking” affords the European Commission (“Commission”) broad discretion when identifying the entities liable for competition law infringements, enabling it to attribute liability to all companies that constitute a single economic unit, such that a parent company can be liable for the wrongdoings of its subsidiary. The Commission also relies on the principle of economic continuity to establish liability when corporate groups are reconstructed.
With the increase of private competition law enforcement, the question arises whether individuals may rely on these concepts when establishing liability in private lawsuits. The recent Sumal and Skanska cases confirm that EU Courts are in favour of extending the doctrine of “undertaking” to private damages claims. In his opinion of 15 April 2021 in Sumal, Advocate General (“AG”) Pitruzzella proposes that a national court can order a subsidiary to pay compensation for the harm caused by anticompetitive conduct of its parent company. In March, the CJEU decided, in Skanska, that the principle of economic continuity applies in the context of follow-on damages claims.…
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