Competitive Edge: Competition & EU Law - April 2023
Written By
Partner
Netherlands
I am a partner in our NL office, based in The Hague, where I was one of its founding lawyers in 2001.
Partner
Denmark
I'm a partner and co-head of our international Competition & EU group. I also lead the Competition & EU team in Denmark. I have a particular focus on applying competition & EU law as a tool to achieve specific and measurable business objectives for our clients.
Keeping you up to date on Competition & EU law developments in Europe and beyond
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In focus
Foreign Direct Investment in Europe – A closer look at developments and trends in Germany, the Netherlands and the United Kingdom
In this article Janneke Kohlen, Dr Stephan Waldheim and Anthony Rosen take a look at recent developments and future trends in foreign direct investment across the Netherlands, Germany and the UK.
Did you miss our webinar on this topic on 18 April?
Access the recording of the webinar
Get in touch to receive the slides from the webinar
Updates from our Jurisdictions
EU
Towercast casts its shadow on merger control
Read the full storyFor more information, please contact Hein Hobbelen, Baptist Vleeshouwers or Ruben Verdoodt
The Green Deal Industrial Plan – fitting the EU for the net-zero age
For more information, please contact Pauline Kuipers, Reshmi Rampersad or Sander Wagemakers
Australia
The ACCC announces its 2023-24 enforcement priorities with a continued focus on sustainability and digital platforms
Read the full storyFor more information, please contact Thomas Jones, Matthew Bovaird, Patrick Cordwell or Dylan McGirr
Belgium
Belgian Competition Authority clears sustainability initiative for living wages in the bananas sector
Read the full storyFor more information, please contact Hein Hobbelen, Baptist Vleeshouwers or Ruben Verdoodt
Denmark
Deutz is back on track after High Court’s judgment in saga on sale of spare parts for trains
For more information, please contact Morten Nissen, Alexander Brøchner or Nanna Krabbe
Hungary
Hungarian Competition Authority proposes a new price monitoring tool
For more information, please contact Gábor Kutai or Dániel Aranyi
Italy
Italian Competition Authority introduces whistleblowing platform to anonymously report anticompetitive behaviour
For more information, please contact Federico Marini Balestra, Lucia Antonazzi or Chiara Horgan
Netherlands
A sick man walking; ACM’S market definition for ambulant infusion pumps quashed by the court and its merger decision annulled
For more information, please contact Pauline Kuipers or Quirijn Mohr
Spain
Changes are coming for the Spanish competition rules
For more information, please contact Candela Sotes
Events, webinars, conferences
18th Annual Conference of the GCLC
The future of energy markets: which role for competition policy in the current geopolitical context
20-21 April 2023
Brussels | Residence Palace
The programme for this year's conference organised by the Global Competition Law Centre will cover:
Day 1: Thursday, 20 April
Keynote Speech by Executive Vice-President Margrethe Vestager
- Panel 1 – The new EU energy dilemma
- Panel 2 – Affordability of energy prices for households and enterprises
- Panel 3 – Accelerating the efficient roll-out of EU energy infrastructure
- Panel 4 – Solidarity among Member States
Day 2: Friday, 21 April
- Panel 5 - Legal toolbox currently available to face the EU energy dilemma (with participation of Bird & Bird partner Peter Willis)
- Panel 6 – EU Competition tools: a fitness check of their appropriateness to solve the EU energy dilemma (chaired by Bird & Bird partner José Rivas)
- Panel 7: Concluding enforcers’ panel
Webinar recording
FDI review – is increasing deglobalisation justified by protecting national security?
In this webinar that took place on 18 April our team of competition and corporate law experts Janneke Kohlen, Dr Stephan Waldheim, Anthony Rosen and Nick O'Donnell discussed the EU Foreign Direct Investment Regulation, namely its implementation and status across the EU, with a focus on Germany and the Netherlands, and examined whether there is a trend towards increased protectionism within the EU. They also took a look at the UK’s developing National Security and Investment Act, which has now been in play for just over a year, to consider whether any trends are emerging.
The experts discussed certain key aspects that companies should consider when investing in companies located in other countries, which may fall in the scope of the critical infrastructure or sensitive technology sectors. After a short overview of the EU legislation, they touched upon the UK, German and Dutch regimes and provided further insights on the key corporate/transactional considerations.
- EU FDI screening
- Vital sectors
- Sensitive technologies
- The UK regime
- The German regime
- The Dutch regime
- Corporate transaction timetable and conditions precedent.
Access the recording of the webinar
Event recordings and slides
Competition law and sector regulation in the telecom and pharmaceutical sectors
This hybrid seminar organised in collaboration with the Centre for a Digital Society of the European University Institute (EUI) took place in Bird & Bird's Brussels office on 22 March.
Two panels discussed the topics of:
- Net neutrality and fair sharing in the telecom sector
- Excessive pricing in the pharmaceutical sector
The keynote speech by Paul Csiszár, Director of DG Competition, European Commission at the end of the seminar was followed by a networking reception.
Event programme, video recordings and PowerPoint presentations available here
Bird & Bird news and publications
Senior hire bolsters our Competition & EU team in Rome
Of Counsel Nicola Ceraolo recently joined our Competition & EU practice, working from our offices in Rome and Brussels.
In addition to being a reputed expert in antitrust and European law, Nicola brings with him over 35 years of experience in the areas of energy and utilities law and regulation as well as information technology (ecommerce, internet law, data protection, PCS). He also has experience advising clients on M&A and product liability matters and international contract law.
Adaptability is key to success in Hungary: a Buzz interview with Daniel Arányi
Although the war in Ukraine is still impacting the Hungarian market, there are also opportunities in the green economy and energy, as well as the Hungarian start-up scene, according to Daniel Arányi, Head of Energy & Utilities and Competition & EU in Bird & Bird Hungary.
Originally published in CEE Legal Matters
Contribution of the Jurisprudence of the Grand Chamber of the CJEU to European integration
Brussels-based partner José Rivas authored a chapter on the jurisprudence of the Grand Chamber of the Court of Justice on Competition law in a collective book (in Spanish) published by University Carlos III of Madrid.
The presentation of this book will take place at the Spanish Senate on 4 May 2023 with the presence of the President of the Senate and the President of the Madrid Bar.
FDI - Foreign Direct Investment Overview
Global scrutiny of M&A deals and investments is on the increase with evolving foreign direct investment (FDI) regimes and greater scrutiny of deals to protect national security interests. Alongside merger control requirements and clearances, it is now essential to consider FDI clearance requirements.
This short document outlines how Bird & Bird can help and provides a link to a detailed breakdown of FDI requirements by country.
Client Choice Award
Congratulations to our Brussels-based Competition partner José Rivas, for receiving the 2022 Lexology Client Choice Award for Competition law.
Only corporate counsel can nominate partners and law firms for this award. It recognises "excellent client care" and the quality of service provided to clients.
Competitive Edge Editorial Committee meets in Brussels
Who is behind this newsletter, keeping you up to date on Competition & EU law developments each month? It all comes together thanks to the work of our Editorial Committee, made up of Competition & EU associates from various Bird & Bird offices who work across borders not only on this newsletter, but of course also on multi-jurisdictional cases for our clients. The international committee came together for our annual in-person meeting in Brussels to discuss hot topics in competition law and other ideas to include in future editions of the newsletter.
Watch this space!
View previous editions of the Competitive Edge newsletter here
Our Competition & EU practice has been ranked by the Legal 500 EMEA 2023 in Belgium (Brussels), Denmark, Finland, France, Germany, Hungary, Italy and the Netherlands.
A big thank you to our clients for your support and for placing your trust in our team!
Our Competition lawyers recognised by the Legal 500 include: Baptist Vleeshouwers, José Rivas, Hein Hobbelen, Anne Federle, Federico Marini Balestra, Lucia Antonazzi, László Zlatarov, Morten Nissen, Mikkel Taanum, Pauline Kuipers, Janneke Kohlen, Stephan Waldheim, Jörg Witting, Katia Duncker, Daniel Aranyi, Gabor Kutai, Thomas Oster, Tialda Beetstra, Simone Cadeddu and Jori Taipale.
