Expert Analysis

• What EU Antitrust Guidelines Will Mean For Dominant Cos.

  

  The European Commission’s recent draft antitrust guidelines will steer courts' enforcement powers, increasing the risk for dominant firms engaging in exclusive dealing without any apparent basis to shift the burden of proof to those companies, say lawyers at Latham.

• Reflecting On 12 Months Of The EU Foreign Subsidy Regime

  

  New European Commission guidance, addressing procedural questions and finally providing clarity on “distortion” in merger control and public procurement, offers an opportunity to reflect on the year since foreign subsidy notification obligations were introduced, say lawyers at Fried Frank.

• Employer Lessons In Preventing Unlawful Positive Action

  

  A recent Employment Tribunal decision that three white police officers had been subjected to unlawful race discrimination when a minority detective sergeant was promoted demonstrates that organizations should undertake a balancing approach when implementing positive action in the workplace, says Chris Hadrill at Redmans Solicitors.

• Review Of EU Cross-Border Merger Regs' Impact On Irish Cos.

  

  Looking back on the year since the European Union Mobility Directive was transposed into Irish law, enabling Irish and European Economic Area limited liability companies to participate in cross-border deals, it is clear that restructuring options available to Irish companies with EU operations have significantly expanded, say lawyers at Matheson.

• Decoding Arbitral Disputes: Spanish Assets At Risk Abroad

  

  The recent seizure of a portion of London Luton Airport after an English High Court ruling is the latest installment in a long-running saga over Spain’s failure to honor arbitration awards, highlighting the complexities involved when state-owned enterprises become entangled in disputes stemming from their government's actions, says Josep Galvez at 4-5 Gray's Inn Square Chambers.

• Comparing Apples To Oranges In EPO Claim Interpretation

  

  A referral before the Enlarged Board of Appeal could fundamentally change the role that descriptions play in claims interpretation at the European Patent Office, altering best drafting practices for patent applications construed there, say lawyers at Finnegan.

• A Look At UK, EU And US Cartel Enforcement Trends

  

  The European Union, U.K. and U.S. competition agencies' recently issued joint statement on competition risks in generative artificial intelligence demonstrates increased cross-border collaboration on cartel investigations, meaning companies facing investigations in one jurisdiction should anticipate related investigations in other jurisdictions, say lawyers at Latham & Watkins.

• Testing The Limits Of English Courts' Pro-Arbitration Stance

  

  Although the Court of Appeal recently upheld a $64 million arbitration award in Eternity Sky v. Zhang, the judgment offers rare insight into when the English courts’ general inclination to enforce arbitral awards may be outweighed by competing policy interests such as consumer rights, say Declan Gallivan and Peter Morton at K&L Gates.

• What Green Claims Directive Proposal Means For Businesses

  

  With the European Union’s recent adoption of a general approach to the proposed Green Claims Directive, which will regulate certain environmental claims and likely be finalized next year, companies keen to publicize their green credentials have even more reason to tread carefully, say Marcus Navin-Jones and Juge Gregg at Crowell & Moring.

• EU Merger Control Concerns Remain After ECJ Illumina Ruling

  

  The recent European Court of Justice judgment in Illumina-Grail is a welcome check on the commission's power to review low-threshold transactions, but with uncertainty persisting under existing laws and discretion left to national regulators, many pitfalls in European Union merger control remain, says Matthew Hall at McGuireWoods.

• £43M Legal Bill Case Shows Courts' View On Exchange Rates

  

  A recent Court of Appeal decision declined to change the currency used for payment of the Nigerian government's legal bill, aligning with British courts' consensus that they should not be concerned with how fluctuating exchange rates might benefit one party over another, says Francis Kendall at Kain Knight.

• Examining The State Of Paccar Fixes After General Election

  

  Following the U.K. Supreme Court's Paccar decision last year, which made many litigation funding agreements for opt-out collective actions in the Competition Appeal Tribunal unenforceable, the judiciary will likely take charge in implementing any fixes — but the general election has created uncertainty, says Ben Knowles at Clyde & Co.

• EU Reports Signal Greenwashing Focus For Financial Sector

  

  Reports from the European Supervisory Authorities on enforcement of sustainability information, plus related guidance issued by the European Securities and Markets Authority, represent a fundamental change in how businesses must operate to maintain integrity and public trust, say Amilcare Sada and Matteo Fanton at A&O Shearman.

• Takeaways From UPC's Amgen Patent Invalidity Analysis

  

  The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.

• GDPR 6 Years On: Key Points From EU Report

  

  The European Commission’s recent report on the General Data Protection Regulation is clearly positive, concluding that it has brought benefits to both individuals and businesses, but stakeholders are still awaiting essential guidelines on scientific research and important business concerns remain, say Thibaut D'hulst and Malik Aouadi at Van Bael & Bellis.