Competitive Edge: Competition & EU Law - February 2024

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In Focus

Hungary: Green claims tracker - if it is green, verify it!

This article aims to help you navigate the evolving landscape of green claims and consumer protection. It provides an in-depth look into the Hungarian Competition Authority’s (GVH) recent focus on green claims and the implications this holds for companies using sustainability in their marketing efforts. It details the GVH's Green Claims Market Study and its findings regarding consumer perspectives and business practices in relation to eco-friendly claims. You'll also learn about the forthcoming EU Green Claims Directive and its intent to combat greenwashing at the EU level.

The article provides key takeaways for businesses aiming to effectively communicate their environmental efforts, ensuring that their green claims are verifiable and meaningful. Read the full article for more information.

Read the full story

Free Foreign Subsidies Regulation (FSR) Self-Assessment tool

Is your company planning an M&A transaction or a public procurement procedure in the EU? Has it received subsidies from non-EU Member States?

Use our free online tool to understand if you must notify foreign subsidies to the European Commission before implementing your transaction or participating in the public procurement procedure.

• Answer some questions to see if you need to submit a Detailed Notification, an Overview or nothing at all
• Comply with your notification obligations under the EU Foreign Subsidies Regulation
• Avoid potential risks and fines for your company

Try the free tool

If you'd like a similar tool tailored to your company's situation, please get in touch.

Updates from our jurisdictions

EU

EU to strengthen its Foreign Investment Screening regime

Read the full story

For more information or further guidance in this area, please contact Anthony Rosen, Tamy Tietze or Luca Koenes.

Australia

Mop to aisle 4: Australia’s supermarket sector faces cleanup

Read the full story

If you need more information or further guidance in this area, please contact Thomas Jones, Matthew Bovaird, or Patrick Cordwell.

China

China Increases the Threshold for Merger Control Filing

Read the full story

For more information or further guidance in this area, please contact Serena Du or Sven-Michael Werner.

Czech Republic

Controversial new competences proposed by Czech Competition Office. What are the risks?

Read the full story

If you need more information or further guidance in this area, please contact Vojtěch Chloupek and Martin Taimr.

Netherlands

Dutch ACM’s 2024 Agenda: digital economy, energy transition and sustainability

Read the full story

If you need more information or further guidance in this area, please contact Joost van Roosmalen and Pauline Kuipers.

Poland

Competition Authority investigation results in changes to Polish football betting

Read the full story

If you need more information or further guidance in this area, please contact Marcin Alberski, Szymon Golebiowski and Stanislaw Szymanek.

UK

CMA approach to the digital markets regime – Bird & Bird Summary

Read the full story

If you need more information or further guidance in this area, please contact Dr. Saskia King or Quinn Liang.

Court of Appeal confirms the CMA has the power to require overseas companies to produce documents and information

Read the full story

If you need more information or further guidance in this area, please contact Dr. Saskia King, Louise Lanzkron or Quinn Liang.

Antitrust Writing Awards 2024 - vote for your favourite articles!

We are delighted to share that 2 of our articles have
been shortlisted for the Antitrust Writing Awards!

• EU: The Microsoft/Activision collision - Why did the EU and the UK disagree on this deal?
  By Anne Federle and Ruben Verdoodt. See the article here.
• Unilever Italia: EU Court of Justice further raises the burden of proof in abuse cases
  By Pauline Kuipers and Reshmi Rampersad. See the article here.

Organised by Concurrences and The George Washington University Law School's Competition Law Center, the 2024 Antitrust Writing Awards select the best antitrust writings published in the past year.

Don't forget to give your favourite article a vote!

Events and webinars

Webinar recording

EU Regulation on control of Foreign Subsidies: First experiences

Starting on 12 October 2023, all companies operating within the EU have to notify mergers and involvement in public procurement processes that meet certain criteria if they have received foreign subsidies (subsidies provided by a non-EU country). Companies that don't comply could be subjected to interim measures, corrective actions, requests for information and inspections, as well as face penalties equating to 10% of their turnover.

In this 1-hour webinar that took place on 30 January, our Competition and Public Procurement law experts José Rivas, Janneke Kohlen, Morten Nissen, Marc Martens and Peter Dann Jørgensen explained the procedural and legal risks, and shared best practices for successfully navigating the new EU foreign subsidy control system.

Watch the webinar recording

For further information please feel free to contact the speakers.

Speaking on Merger Control at German Bundeskartellamt's International Conference

28 February - 1 March | Berlin, Germany

Our Brussels-based Competition partner Anne Federle has had the honour of being invited to speak on the panel “Merger Control – Challenges and Perspectives” at the 22nd International Conference on Competition (IKK) organised by the German Federal Cartel Office. Anne will be speaking on Friday, March 1st, alongside panelists Sir Marcus Smith, Chairman of the UK Competition Appeal Tribunal, Professor Tomaso Duso, Member of the German Monopolies Commission, and Nelson Jung, Partner at Clifford Chance. The panel will be moderated by Nuno Cunha Rodrigues, President of the Portuguese Competition Authority.

More information on the conference here 

Key takeaways from our ‘Antitrust in the Digital Age’ conference

Read a summary and key takeaways from the recent international conference titled 'Antitrust in the Digital Age' held at Bird & Bird’s Warsaw office, the aim of which was to share different views on the upcoming wave of European regulations. The conference specifically focused on the changes introduced by two regulations - the Digital Markets Act (DMA) and the Digital Services Act (DSA). The event was organised by the Global Antitrust Institute at the George Mason University, the Polish Competition Law Association and Bird & Bird.

Read more here 

Bird & Bird news and publications

Dr Saskia King's work cited in academic paper 'The Object Identity'

Our London-based Legal Director Dr. Saskia King's work Agreements that restrict competition by object under Article 101(1) TFEU: past, present and future was cited by Giorgio Monti, Professor of Competition Law at Tilburg Law and Economics Center, in his recently published paper The Object Identity in Competition Policy International's CPI Antitrust Chronicle.

You can read the paper here 

Hungary partner - recommended arbitrator in Energy sector

Congratulations to our Budapest-based Energy and Competition Partner Daniel Aranyi, who was included in the recommendation list of arbitrators – Energy section – at the Arbitration Court attached to the Hungarian Chamber of Commerce and Industry.

Danish Antitrust team's top ranking in Leaders League

We are delighted to announce that Bird & Bird has been recognised as one of the ‘Best Law Firms for EU & Competition Litigation’ in Denmark by Leaders League.

In individual rankings, two of the team members, Morten Nissen and Alexander Brøchner, have been ranked in the top category as ‘Leading’ practitioners in Competition & Antitrust, acknowledging their remarkable expertise and commitment to providing the highest quality services and legal solutions for our clients.

Our Australian Competition team's recognition in Legal 500

We are proud to announce that our Bird & Bird Competition team in Sydney has been listed in The Legal 500 Asia Pacific guide as “Firms to watch: Competition and Trade in Australia”, while retaining their high rankings in the Telecoms and IT sectors. Congratulations to Thomas Jones, Matt Bovaird, Patrick Cordwell, Dylan McGirr and the rest of the team!

WWL: Thought Leader - Global Elite

More good news from Australia! Thomas Jones has also recently been ranked as 'Global Elite Thought Leader' for Telecoms & Media in the Who's Who Legal Australia guide.

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