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Focus on Regulation

Tag Archives: European Commission

European Commission publishes minimum principles for shale gas exploration

On 22 January 2014, the European Commission (Commission) published a “Recommendation on minimum principles for the exploration and production of hydrocarbons (such as shale gas) using high volume hydraulic fracturing” (Recommendation). The Recommendation sets out minimum core principles for the exploration and production of hydrocarbons (e.g., shale gas) using high-volume hydraulic fracturing. The Recommendation is

Cooperation between the EU and India on antitrust matters

On 21 November 2013, the European Commission signed a Memorandum of Understanding (“MoU“) with the Competition Commission of India. A copy has just been published on the European Commission’s website. The aim of the MoU is to further strengthen cooperation between the two parties in the area of antitrust enforcement.

Can US Attorneys Provide Privileged Advice In Europe?

The United States exported an all-time record high of $2.2 trillion worth of goods and services in 2012.  But while U.S. business has gone global, the attorney-client privilege has not always come along for the ride. In 2010, the European Court of Justice (ECJ) in Akzo Nobel Chemical Ltd. and Akcros Chemical Ltd. v. European

The European Commission adopts stricter rules concerning notified bodies

On Tuesday 24 September 2013, the European Commission adopted a Regulation intended to strengthen the criteria for the designation and supervision of notified bodies under the Medical Devices Directives[1]. On the same day, the European Commission also adopted a Recommendation concerning the tasks to be fulfilled by notified bodies when conducting audits and conformity assessment

Changes in E.U. merger rules could be huge

The European Commission recently published a consultation paper that invites comments on a proposal to allow review of the acquisition of non-controlling minority shareholdings. The proposed reform is the most significant in the last 10 years and could have a huge impact on many corporate transactions. Under the current E.U. Merger Regulation, the commission only

Shale gas exploration: European Commission launches stakeholder Consultation

The European Commission is completing a Consultation on the need for additional regulation of unconventional fossil fuel (e.g., shale gas) exploration and development in Europe. The Consultation period ends on 23 March 2013 and results will be made available on the Commission’s website and at a stakeholders’ meeting to be held by the Commission in

European Commission adopts the black symbol to be placed in the patient information leaflets for medicinal products subject to additional monitoring in the EU

On 7 March 2013, the European Commission adopted a black triangle as the symbol to be placed on the patient information leaflets and the Summary of Product Characteristics (“SmPC”) of medicinal products “subject to additional monitoring” in the European Union (“EU”). The history of the black triangle The requirement to include a black symbol in

No EU Regulation for “Made In” Labelling in Sight – Commission Set to Withdraw Proposal

EU Trade Commissioner Karel de Gucht has announced the EU Commission’s withdrawal of a proposal on the marking of origin requirements for certain products imported from third countries.  The Commissioner’s February 17 announcement provided two reasons for the withdrawal. First, the Commission believes that the proposal is inconsistent with the EU’s WTO obligations following the Appellate Body’s decision in

European Commission criticised for refusal to disclose documents on UK opt-out from Charter of Fundamental Rights

The European Ombudsman, responsible for investigating complaints about maladministration in the institutions and bodies of the EU, has continued his strong criticism of the European Commission’s refusal to disclose a handful of documents concerning its view of the UK opt-out from the EU Charter of Fundamental Rights.  The refusal by the Commission to provide access

European Commission Proposes Overhaul of European Medical Devices Regulation

On 26 September, the European Commission published two draft Regulations (here and here) intended to replace the current Medical Devices Directive, the Active Implantable Medical Devices Directive, as well as the In Vitro Diagnostic Medical Devices Directive. The draft Regulations will now be discussed in the European Parliament and in the Council. The European Commission expects the proposals

EU Reinforces Sanctions Against Syria

On September 25 the European Union (EU) further strengthened its economic sanctions regime targeting the Syrian Government by making additional substantive changes to the EU measures.  The new measures, as set out in Council Regulation 867/2012, include: (i) a requirement that all aircraft and vessels transporting cargo to Syria shall be subject to additional pre-arrival

EU Announces Preferential Trade Treatment for Myanmar/Burma

 The EU is prepared to take yet another landmark step to open European markets to Myanmar/Burma following its political, social and labor reforms.  The European Commission has adopted a proposal to restore Myanmar/Burma to the “Everything But Arms” preferential trade regime. The European Commission’s proposal will provide duty-free and quota-free access to the European market for all products, except

European Commission to enforce closer monitoring of antitrust commitments

EU Competition Commissioner, Joaquín Almunia, signalled at a press conference in July that he intends to tighten up the monitoring of commitments agreed with the European Commission to close EU antitrust investigations. This is particularly true for complex cases that require close scrutiny, and also for cases in the tech industry. The European Commission’s investigations

EU Agrees to First Energy Efficiency Directive

 Authored by Christopher Norton and Camilla Shires, Hogan Lovells London Office Against a background of growing dependency on energy imports and the recognition that the EU is currently not on track to meet its 20% energy saving target by 2020, European policymakers have finally reached agreement on the first-ever Energy Efficiency Directive.  The Directive is

Be careful with rebate schemes – the recent EU judgment in Tomra

The Court of Justice of the European Union has just issued an important judgment on rebate schemes in the EU. It rejected an appeal by Tomra against a judgment of the General Court that upheld the European Commission’s decision that it had abused a dominant position through the use of contracts that included exclusivity provisions,

IT Obstruction of Dawn Raids

For the first time, the European Commission has fined a company for the specific violation of obstructing IT searches during a dawn raid (on-the-spot inspection) which was carried out as part of an antitrust investigation. On 28 March 2012, the European Commission fined Czech energy companies Energetický a průmyslový and EP Investment Advisors EUR2.5 million