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Case highlight - Google Shopping
๐๐จ๐จ๐ ๐ฅ๐ ๐๐ก๐จ๐ฉ๐ฉ๐ข๐ง๐ : ๐๐ฎ๐ซ๐จ๐ฉ๐๐๐ง ๐๐จ๐ฎ๐ซ๐ญ ๐จ๐ ๐๐ฎ๐ฌ๐ญ๐ข๐๐ ๐๐จ๐ง๐๐ข๐ซ๐ฆ๐ฌ โฌ๐.๐ ๐๐ข๐ฅ๐ฅ๐ข๐จ๐ง ๐๐ข๐ง๐
In 2017, the EU Commission decided that Google had abused its dominant position by favouring its own comparison shopping services and by demoting competing shopping pages on Googleโs search engine. The General Court upheld the decision in 2021 and the Grand Chamber of the Court of Justice now does the same on appeal.
๐๐ฎ๐ซ ๐ญ๐๐ค๐๐๐ฐ๐๐ฒ ๐ฉ๐จ๐ข๐ง๐ญ๐ฌ after a first reading of the judgement:
โข The strict case-law relating to refusal to supply as an abuse of dominance applies only to explicit refusals to supply and not to other practices that constitute an independent form of levering abuse, such as the discriminatory positioning and display practices applied by Google.
โข Self-preferencing by a dominant undertaking does not necessarily constitute an abuse of a dominant position. It can be however if it, in the specific circumstances, falls outside the scope of competition on the merits.
โข The Commission cannot rely on presumptions and must instead show that a practice has actual or potential anti-competitive effects, taking into account all the relevant factual circumstances. This does not always mean that it must demonstrate that the conduct is capable of excluding an as-efficient competitor as this may not always be possible or relevant.
โข The Commission must demonstrate the causal link between the practice and the effects. The Commission may in this respect rely on correlations complemented by additional information such as the assessments of market participants, their suppliers, their customers or professional or consumer associations.
โข Googleโs record fine of 2.42 billion euros is upheld.
๐๐จ๐ซ๐ ๐ข๐ง๐๐จ?
Read the judgement (Case C 48/22 P) ๐นย
๐๐ฎ๐๐ฌ๐ญ๐ข๐จ๐ง๐ฌ?
๐ Feel free to contact your usual contact person at ๐๐จ๐ง๐ญ๐ซ๐๐ฌ๐ญ.
#CJEU #GeneralCourt #Google #Alphabet #Europeancommission #Competitionlaw #AntiTrust #contrastupdate
Tip #7 for (future) legal professionals
๐๐๐ฌ๐ญ๐๐ซ ๐๐จ๐ฎ๐ซ ๐๐ง๐ญ๐๐ซ๐ง๐ฌ๐ก๐ข๐ฉ ๐ฐ๐ข๐ญ๐ก ๐๐ก๐๐ฌ๐ ๐๐๐ฉ๐จ๐ซ๐ญ๐ข๐ง๐ ๐๐ข๐ฉ๐ฌ! ๐
Week 7 of our โ10 Weeks of Tips & Tricksโ series is here. Today, Emma Fransen, one of our competition lawyers, shares valuable advice with (future) legal professionals on how to effectively report to senior lawyers within your firm. Effective reporting is essential in a law firm, as it promotes teamwork, provides instant feedback, and ensures higher quality work for clients, enabling you to grow quickly in your role.
๐๐ฆ๐ฆ๐โ๐ฌ ๐ญ๐ข๐ฉ๐ฌ
โ ๐๐ฌ๐ ๐ ๐๐ฅ๐๐๐ซ ๐ฌ๐ญ๐ซ๐ฎ๐๐ญ๐ฎ๐ซ๐, ๐๐ ๐๐จ๐ง๐๐ข๐ฌ๐ ๐๐ง๐ ๐ญ๐จ ๐ญ๐ก๐ ๐ฉ๐จ๐ข๐ง๐ญ: Whether you are reporting orally or in writing, start with a summary, followed by an analysis, and conclude with recommendations or conclusions. Ensure that your reports are clear and concise.
โ ๐๐ฎ๐ฉ๐ฉ๐จ๐ซ๐ญ ๐ฒ๐จ๐ฎ๐ซ ๐๐ข๐ง๐๐ข๐ง๐ ๐ฌ: Make sure all your findings and recommendations are well-supported with relevant legal sources and facts.
โ ๐๐จ๐ง๐ฌ๐ข๐๐๐ซ ๐ข๐ง๐ญ๐๐ซ๐ง๐๐ฅ ๐๐ง๐ ๐๐ฑ๐ญ๐๐ซ๐ง๐๐ฅ ๐๐๐๐๐ฅ๐ข๐ง๐๐ฌ: Plan internal deadlines well ahead of external ones, allowing ample time for the senior lawyer to review your work and provide feedback.
โ ๐๐ซ๐จ๐ฏ๐ข๐๐ ๐ข๐ง๐ญ๐๐ซ๐ข๐ฆ ๐ฎ๐ฉ๐๐๐ญ๐๐ฌ: Inform the senior lawyer promptly if you encounter something that requires further investigation or if you find little to nothing during your research. This helps to adjust the scope of the task and keep you on the right track. If an oral update is not possible, you can also send a temporary note or your findings via email.
โ๐๐ฌ๐ค ๐๐จ๐ซ ๐๐๐๐๐๐๐๐ค: Show that you are open to feedback and willing to improve your work. This demonstrates your readiness to learn and grow.
Remember, effective reporting is key to successful collaboration and growth within your legal career! ๐
This is just the beginning! Stay tuned for more valuable tips over the next three weeks.
If you havenโt already, sign up for our Student Corner to receive exclusive content and additional insights ๐ https://lnkd.in/eaSbKsYs
#lawstudents #paralegals #internship #legalinternship #careergrowth #careerwisdom #10weeksoftips #fitforpurpose #contrasttalent
DLC event on verticals - join us
๐จ ๐๐จ๐ข๐ง ๐ฎ๐ฌ ๐๐จ๐ซ ๐ญ๐ก๐ ๐๐ข๐ฌ๐ญ๐ซ๐ข๐๐ฎ๐ญ๐ข๐จ๐ง ๐๐๐ฐ ๐๐๐ง๐ญ๐๐ซโ๐ฌ ๐๐ง๐ง๐ฎ๐๐ฅ ๐๐ฉ๐๐๐ญ๐ ๐จ๐ง ๐๐๐ซ๐ญ๐ข๐๐๐ฅ๐ฌ! ๐จ
The DLC - Distribution Law Center is hosting a 2-hour ๐จ๐ง๐ฅ๐ข๐ง๐ ๐ฅ๐ฎ๐ง๐๐ก ๐ฌ๐๐ฌ๐ฌ๐ข๐จ๐ง on ๐๐ ๐๐๐ญ๐จ๐๐๐ซ on key developments in the field of vertical agreements in 2023-2024.
๐๐จ๐ง๐ญ๐ซ๐๐ฌ๐ญ, as one of the driving forces behind DLC, is pleased to invite you to this annual update, giving you ๐ญ๐๐ค๐๐๐ฐ๐๐ฒ๐ฌ ๐จ๐ง ๐ญ๐ก๐ ๐๐จ๐ฅ๐ฅ๐จ๐ฐ๐ข๐ง๐ ๐ญ๐จ๐ฉ๐ข๐๐ฌ:
โ Resale price maintenance, featuring EU and national cases such as Super Bock, Le Creuset, and Samsung. โ Territorial and customer restrictions, including the EU Commissionโs significant fine on Mondelez. โ Online sales and advertising restrictions, with EU and national cases involving ๐ป๐๐๐๐๐๐.๐ผ๐๐, Rolex, and Caudalie. โ Information exchange in (dual) distribution relationships. It will also touch upon verticals in the UKJ and address key questions discussed with the โverticalsโ case team of DG COMP.
๐๐ฏ๐๐ง๐ญ ๐๐๐ญ๐๐ข๐ฅ๐ฌ: ๐
๐ซ๐๐๐: 10 October 2024 โฐ ๐ป๐๐๐: 12:00 - 14:00 CET ๐ ๐ท๐๐๐๐๐๐: Microsoft Teams ๐ ๐ด๐๐๐ ๐๐๐๐: visit the website of the Distribution Law Center (https://lnkd.in/eiyshKGJ) for all practical information. ๐ฐ ๐ญ๐๐๐ ๐๐๐๐๐
๐๐ง๐ญ๐๐ซ๐๐ฌ๐ญ๐๐ ๐ข๐ง ๐๐ญ๐ญ๐๐ง๐๐ข๐ง๐ ๐ญ๐ก๐ข๐ฌ ๐๐ซ๐๐ ๐๐ฏ๐๐ง๐ญ? Register via the following link ๐ https://lnkd.in/eTgzAb4V
#dlc #VBER #distributionlaw #verticalagreements #lawfirm #lawyers #inhousecounsels #meetcontrast
New FDI notification form
๐ขย ๐๐๐ ๐๐๐ฅ๐๐๐ฌ๐๐ฌ ๐๐ฉ๐๐๐ญ๐๐ ๐
๐๐ ๐๐จ๐ญ๐ข๐๐ข๐๐๐ญ๐ข๐จ๐ง ๐๐๐ฆ๐ฉ๐ฅ๐๐ญ๐
On 29 August 2024, theย Interfederal Screening Committee (โ๐๐๐โ)ย published its new template notification form:
- ๐๐ฎ๐ญ๐๐ก ๐๐จ๐ซ๐ฆ ๐https://lnkd.in/erMTy7PP
- ๐
๐ซ๐๐ง๐๐ก ๐๐จ๐ซ๐ฆ ๐https://lnkd.in/e5iiKWiG
Non-EU investors must use this form when notifying transactions for Belgian FDI review.
The new form enters into force immediately. However, the previous template can still be used until 30 September 2024.
It is the ISCโs first revision of its notification form since the start of the Belgian FDI regime last year. This revision follows a consultation with all the major law firms that are active and experienced in notifying transactions to the ISC, including ๐๐จ๐ง๐ญ๐ซ๐๐ฌ๐ญ.
๐๐จ๐ง๐ญ๐ซ๐๐ฌ๐ญ is happy to have shared its insights, experience and suggestions with the ISC.
We remain available for any questions in this regard.
#FDI #FDIscreening #FDIregime #contrastlaw #contrastupdate
Breaking news re merger control
๐๐ซ๐๐๐ค๐ข๐ง๐ ๐ง๐๐ฐ๐ฌ ๐จ ๐๐ฅ๐ฅ๐ฎ๐ฆ๐ข๐ง๐/๐๐ซ๐๐ข๐ฅ: ๐ ๐ ๐จ๐จ๐ ๐๐๐ฒ ๐๐จ๐ซ ๐ฅ๐๐ ๐๐ฅ ๐๐๐ซ๐ญ๐๐ข๐ง๐ญ๐ฒ ๐ข๐ง ๐๐ ๐ฆ๐๐ซ๐ ๐๐ซ ๐๐จ๐ง๐ญ๐ซ๐จ๐ฅ!
The Court of Justice says that the European Commission ("EC") has no power to review transactions at request of Member States that cannot review the transaction themselves under their national merger control regime.
The General Court had incorrectly allowed national competition authorities to refer mergers to the EC, even if these did not have a European dimension or meet national thresholds for review, based on ๐๐ซ๐ญ๐ข๐๐ฅ๐ ๐๐ ๐จ๐ ๐ญ๐ก๐ ๐๐ ๐๐๐ซ๐ ๐๐ซ ๐๐๐ ๐ฎ๐ฅ๐๐ญ๐ข๐จ๐ง.
The rationale behind the ECโs revised approach to Article 22, was to enable the EC to review acquisitions whereby at least one of the partiesโ turnover does not reflect its actual or future competitive potential and thus falls below the merger control thresholds. Illuminaโs planned acquisition of Grail was the first transaction referred to the EC under the revised policy.
After the Court of Justiceโs judgement, ๐ฌ๐ฎ๐๐ก ๐ซ๐๐๐๐ซ๐ซ๐๐ฅ๐ฌ ๐ฐ๐ข๐ฅ๐ฅ ๐ง๐จ ๐ฅ๐จ๐ง๐ ๐๐ซ ๐๐ ๐ฉ๐จ๐ฌ๐ฌ๐ข๐๐ฅ๐. Moreover, as regards Illumina and Grail specifically, this judgment is likely going to result in the annulment of their gun jumping fine. Ongoing similar reviews (e.g. Brasserie Nationale / Boissons Heinz) will moreover need to be stopped due to having no valid legal basis.
Despite todayโs judgment, the ECโs revised approach has had its impact in practice as it resulted in the abandonment of several transactions, such as Illumina/Grail, EEX/Nasdaq Power and Qualcomm/Autotalks. It remains to be seen whether the companies involved will try to seek redress from the EC for its regulatory overreach ...
๐๐ข๐ญ๐ก ๐ข๐ญ๐ฌ ๐ฃ๐ฎ๐๐ ๐๐ฆ๐๐ง๐ญ, ๐ญ๐ก๐ ๐๐จ๐ฎ๐ซ๐ญ:
โ๏ธ ruled that the Merger Regulation does not provide a "corrective mechanism" for reviewing all mergers with significant effects on EU competition.
โ๏ธ emphasised that the thresholds for notifying and reviewing transactions are crucial for ensuring legal certainty and predictability for companies.
โ๏ธ stressed that companies must be able to determine easily whether their transactions require notification, which authority will review them, and what procedural requirements apply.
Companies should however be mindful that an increasing number of national authorities have obtained (or are likely to obtain in the near future) the authority to โcall inโ transactions that do not meet the national thresholds.
๐๐จ๐ซ๐ ๐ข๐ง๐๐จ?
๐น Read the judgement https://lnkd.in/e9XYpZkZ
๐น Read our ITP on the judgement of the General Court https://lnkd.in/er3rmebt
๐๐ฎ๐๐ฌ๐ญ๐ข๐จ๐ง๐ฌ?
๐ Feel free to contact your usual contact person at contrast.
Welcome to our September summer interns!
๐ ๐๐๐ฅ๐๐จ๐ฆ๐ ๐๐ฌ๐ญ๐ซ๐ข๐ ๐๐ง๐ ๐๐ข๐ญ๐ญ๐! ๐
We are thrilled to welcome Astrid and Gitte as our summer interns for September. Their fresh ideas and enthusiasm are sure to make a valuable contribution to our team! ๐
Are you ready for an internship filled with learning experiences and exciting challenges? Discover our internships and other career opportunities for 2025 ๐ผ
#internship #legalinternship #lawstudent #careergrowth #summerintern #learningopportunities
Tip #6 for (future) legal professionals
๐๐๐ ๐๐จ๐ฎ๐ซ ๐๐ง๐ญ๐๐ซ๐ง๐ฌ๐ก๐ข๐ฉ ๐ฐ๐ข๐ญ๐ก ๐๐ก๐๐ฌ๐ ๐๐ข๐ฆ๐ ๐๐๐ง๐๐ ๐๐ฆ๐๐ง๐ญ ๐๐ซ๐ข๐๐ค๐ฌ! ๐ฏ
Week 6 of our โ10 Weeks of Tips & Tricksโ series is here. Today, two of our August summer interns, Antoineย and Estรฉe, share their valuable advice on time management with fellow legal enthusiasts:
๐. ๐๐ซ๐ข๐จ๐ซ๐ข๐ญ๐ข๐ฌ๐ ๐๐๐ฌ๐ค๐ฌ
โข ๐๐๐๐ง๐ญ๐ข๐๐ฒ ๐ฎ๐ซ๐ ๐๐ง๐ญ ๐๐ง๐ ๐ข๐ฆ๐ฉ๐จ๐ซ๐ญ๐๐ง๐ญ ๐ญ๐๐ฌ๐ค๐ฌ: Distinguish between tasks that are urgent and important. Use methods like the Eisenhower Matrix to categorise your tasks.
โข ๐๐ซ๐๐๐ญ๐ ๐ ๐ญ๐จ-๐๐จ ๐ฅ๐ข๐ฌ๐ญ: Write a daily list of tasks you need to complete and rank them by priority. Update this list regularly to reflect your progress and any new tasks.
โข ๐๐ซ๐๐๐ค ๐๐จ๐ฐ๐ง ๐ฉ๐ซ๐จ๐ฃ๐๐๐ญ๐ฌ: Large projects can be overwhelming. Break them down into smaller, manageable tasks and tackle them one at a time.
โข ๐๐จ๐ฆ๐ฆ๐ฎ๐ง๐ข๐๐๐ญ๐ ๐๐๐๐๐๐ญ๐ข๐ฏ๐๐ฅ๐ฒ: Keep your colleagues updated on your progress, especially if you encounter challenges or delays. They might see your priorities differently, and can help you prioritise.
๐. ๐๐ญ๐๐ฒ ๐จ๐ซ๐ ๐๐ง๐ข๐ฌ๐๐
โข ๐๐๐๐ฉ ๐ฒ๐จ๐ฎ๐ซ ๐ฐ๐จ๐ซ๐ค๐ฌ๐ฉ๐๐๐ ๐๐ง๐ ๐๐ข๐ฅ๐๐ฌ ๐จ๐ซ๐ ๐๐ง๐ข๐ฌ๐๐. This can save you time when looking for documents and help you stay on top of your tasks. It also helps your colleagues if they want to consult your work.
๐. ๐๐ฌ๐ ๐๐จ๐จ๐ฅ๐ฌ
Several tools can help you manage your time and tasks better. Try out different systems to discover a method that works for you. You can opt for digital tools, physical tools, or a combination of both. Some ideas?
โข ๐๐๐ฅ๐๐ง๐๐๐ซ๐ฌ: Use (digital) calendars to keep track of your deadlines and meetings. With a digital calendar, your team can also see when you are available for the next meeting.
โข ๐๐๐ฌ๐ค ๐๐๐ง๐๐ ๐๐ฆ๐๐ง๐ญ ๐๐ฉ๐ฉ๐ฌ: Utilise task management apps to organise and track your tasks efficiently. Some apps also allow you to collaborate with colleagues on specific cases or projects. Be sure to check which tools are used at your internship.
โข ๐๐๐ข๐ฅ๐ฒ ๐๐จ๐ฌ๐ญ-๐๐ญ ๐๐จ๐ญ๐: Even a simple post-it note can help you stay focused. Use a daily post-it note to highlight your top 3 tasks for the day. This keeps your most important tasks front and centre.
Remember, effective time management is the key to staying on top of your workload and achieving your goals! ๐
This is just the beginning! Stay tuned for more valuable tips over the next four weeks.
If you havenโt already, ๐ฌ๐ข๐ ๐ง ๐ฎ๐ฉ ๐๐จ๐ซ ๐จ๐ฎ๐ซ ๐๐ญ๐ฎ๐๐๐ง๐ญ ๐๐จ๐ซ๐ง๐๐ซ to receive exclusive content and additional insights ๐ https://lnkd.in/dpYwVMTt
#lawstudents #paralegals #internship #legalinternship #careergrowth #careerwisdom #10weeksoftips #fitforpurpose #contrasttalent
Summer vibes
๐ ๐๐ฆ๐๐ซ๐๐๐ข๐ง๐ ๐๐ฎ๐ฆ๐ฆ๐๐ซ ๐๐ข๐๐๐ฌ ๐๐ญ ๐๐จ๐ง๐ญ๐ซ๐๐ฌ๐ญ! ๐
Our Vibes team treated us to a delightful breakย with delicious desserts and homemade lemonades. It was the perfect way to enjoy a sunny afternoon and recharge our batteries. ๐๐ฐ
In true office fashion, our relaxing break took an unexpected turn with a fire drill! Evacuating the building with a glass of lemonade in hand โ just another day at the law firm. ๐
Hereโs to more sunny days, sweet treats, and memorable moments with our fantastic team! ๐
#SummerVibes #LawFirmLife #TeamBuilding #OfficeFun #contrastVibes
Tip #5 for (future) legal professionals
๐ ๐๐๐ฌ๐ญ๐๐ซ๐ข๐ง๐ ๐๐๐ฌ๐๐๐ซ๐๐ก ๐๐ค๐ข๐ฅ๐ฅ๐ฌ: ๐๐ง๐ฌ๐ข๐ ๐ก๐ญ๐ฌ ๐๐ซ๐จ๐ฆ Jules Guns, ๐จ๐ฎ๐ซ ๐๐จ๐ฆ๐ฉ๐๐ญ๐ข๐ญ๐ข๐จ๐ง ๐๐๐ซ๐๐ฅ๐๐ ๐๐ฅ ๐
Week 5 of our โ10 Weeks of Tips & Tricksโ series is here!
When conducting legal research, itโs crucial to follow these steps to ensure accuracy and effectiveness:
๐. ๐๐ฌ๐ ๐๐จ๐จ๐ ๐๐จ๐ฎ๐ซ๐๐๐ฌ
โ๏ธ ๐๐๐ฅ๐ข๐๐๐ฅ๐ ๐๐๐ญ๐๐๐๐ฌ๐๐ฌ: Always start with reputable legal databases such as Strada lex, Jura, Concurrences, PaRR,.. and the knowledge database at your law firm. Official databases such as EUR-Lex, KBO or Juridat are also great as primary sources of information in Belgium. These sources provide verified and up-to-date information.
๐. ๐๐ซ๐ ๐๐ง๐ข๐ฌ๐ ๐๐จ๐ฎ๐ซ ๐๐๐ฌ๐๐๐ซ๐๐ก & ๐๐๐ซ๐ข๐๐ฒ ๐๐ง๐๐จ๐ซ๐ฆ๐๐ญ๐ข๐จ๐ง
โ๏ธ ๐๐ซ๐๐๐ญ๐ ๐ ๐๐๐ฌ๐๐๐ซ๐๐ก ๐๐ฅ๐๐ง: Outline your research objectives and the questions you need to answer. This will help you stay focused and efficient. โ๏ธ ๐๐ซ๐จ๐ฌ๐ฌ-๐๐ก๐๐๐ค ๐๐ง๐๐จ๐ซ๐ฆ๐๐ญ๐ข๐จ๐ง: Verify the accuracy of your findings by cross-referencing multiple sources. This helps to ensure that your information is reliable and comprehensive. โ๏ธ ๐๐ก๐๐๐ค ๐๐๐ญ๐๐ฌ: Pay attention to the publication dates of your sources to ensure you are using the most current information available. โ๏ธ ๐๐๐ค๐ ๐๐๐ญ๐๐ข๐ฅ๐๐ ๐๐จ๐ญ๐๐ฌ: Keep thorough notes of your findings, including citations and summaries of key points. This will make it easier to reference and compile your research later. โ๏ธ ๐๐ญ๐ซ๐ฎ๐๐ญ๐ฎ๐ซ๐ ๐๐ฅ๐ฅ ๐๐ง๐๐จ๐ซ๐ฆ๐๐ญ๐ข๐จ๐ง: Structure your research in an online research folder or physical binder. This way, other colleagues can also consult the information.
๐. ๐๐ง๐๐ฅ๐ฒ๐ฌ๐ ๐๐ง๐๐จ๐ซ๐ฆ๐๐ญ๐ข๐จ๐ง ๐๐ง๐ ๐๐ฒ๐ง๐ญ๐ก๐๐ฌ๐ข๐ฌ๐ ๐ญ๐จ ๐๐ซ๐๐ฌ๐๐ง๐ญ ๐๐๐๐๐๐ญ๐ข๐ฏ๐๐ฅ๐ฒ
โ๏ธ ๐๐๐๐ง๐ญ๐ข๐๐ฒ ๐๐๐ฒ ๐๐จ๐ข๐ง๐ญ๐ฌ: Extract the most important arguments and findings from your research. Focus on what is most relevant to your task. โ๏ธ ๐๐จ๐ฆ๐ฉ๐๐ซ๐ ๐๐๐ซ๐ฌ๐ฉ๐๐๐ญ๐ข๐ฏ๐๐ฌ: Look at different viewpoints and analyses to get a well-rounded understanding of the topic. โ๏ธ ๐๐ฅ๐๐๐ซ ๐๐ซ๐๐ฌ๐๐ง๐ญ๐๐ญ๐ข๐จ๐ง: Present your findings in a clear and concise manner. Keep it simple by starting with a short overview and using bullet points.
And always remember, thorough research is the foundation of strong legal arguments! ๐
This is just the beginning! Stay tuned for more valuable tips over the next five weeks.
If you havenโt already, ๐ฌ๐ข๐ ๐ง ๐ฎ๐ฉ ๐๐จ๐ซ ๐จ๐ฎ๐ซ ๐๐ญ๐ฎ๐๐๐ง๐ญ ๐๐จ๐ซ๐ง๐๐ซ to receive exclusive content and additional insights ๐ https://lnkd.in/eCUYTeij
#lawstudents #paralegals #internship #legalinternship #careergrowth #careerwisdom #10weeksoftips #fitforpurpose #contrasttalent
Case highlight
๐ก ๐๐ฎ๐๐ญ๐๐๐ก ๐ฏ๐ฌ. ๐๐ฎ๐ซ๐จ๐ฉ๐๐๐ง ๐๐จ๐ฆ๐ฆ๐ข๐ฌ๐ฌ๐ข๐จ๐ง (๐-๐๐๐/๐๐ ๐)
EU Commissionโs jurisdiction over ๐๐จ๐๐ฎ๐ฆ๐๐ง๐ญ๐ฌ ๐ฌ๐ญ๐จ๐ซ๐๐ ๐จ๐ง ๐ฌ๐๐ซ๐ฏ๐๐ซ๐ฌ ๐จ๐ฎ๐ญ๐ฌ๐ข๐๐ ๐๐ upheld by General Courtโs President.
On 12 August 2024, the President of the General Court rejected a request for interim relief from security inspection company Nuctech. In the context of the first inspection under the Foreign Subsidies Regulation, the Commission had ordered Nuctech to produce documents stored on servers located in China. Nuctech had asked the President of the General Court to suspend the Commissionโs decision.
In his Order, the President ruled that Nuctech did not have a ๐ฑ๐ณ๐ช๐ฎ๐ข ๐ง๐ข๐ค๐ช๐ฆ case against the Commissionโs decision:
โ๏ธ The Commissionโs jurisdiction extends to all companies with activities in the EU, irrespective of their place of incorporation.
โ๏ธ The Commission can request to see/copy documents in possession of those companies, irrespective of where these documents are located.
โ๏ธ Companies need to explain why they have no access to information stored on servers located outside the EU.
โ๏ธ Companies need to explain why producing the requested documents would breach non-EU law and why such breach would constitute a breach of international public law. The Commission is bound only by EU law and international public law.
๐๐จ๐ซ๐ ๐ข๐ง๐๐จ?
๐น Read theย full text of the judgment
๐น Read our In The Picture on the Foreign Subsidies Regulation
๐๐ฎ๐๐ฌ๐ญ๐ข๐จ๐ง๐ฌ, ๐จ๐ซ ๐๐จ ๐ฒ๐จ๐ฎ ๐ฐ๐๐ง๐ญ ๐ญ๐จ ๐ฅ๐๐๐ซ๐ง ๐ฆ๐จ๐ซ๐ ๐๐๐จ๐ฎ๐ญ ๐๐๐ฐ๐ง ๐ซ๐๐ข๐๐ฌ?
๐ Feel free to contact your usual contact person at contrast.
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