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Watch Electricity Online (2017)

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Top 1. 2 EU Legal Developments to Watch in 2. Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2. These challenges may have an impact on your corporate and commercial strategies. Our predictions include: Regulatory Surge and Assertive Application of EU Rules. Merger Control: Enforcement of Procedural Rules.

Cartel Enforcement and the Need for Compliance. State Aid: Extension of the Notion of Aid, Tax and Energy. Competition Damages Claims: Implementation of the EU Directive. EU Regulatory Changes for a Wide Range of Products and Services. Disruptive Technologies and Productivity Growth.

In Need of More Regulation? Innovation: Increased Importance in Competition Investigations. Digital Single Market: Online Sales. Intellectual Property and Competition: From SEP and FRAND to Internet of Things Issues. Data Protection: Compliance With the New General Data Protection Regulation. The Future is Unchartered Terrain and is Uncertain. International Trade and the Reopening of Negotiations.

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Trade Agreements and Protectionism. Brexit: Quo Vadis? U. S. Sanctions Regime. Merger Control: Enforcement of Procedural Rules. Watch Story Of Eva Putlocker#. Recent merger enforcement activity in the EU shows that there is increasing scrutiny of the conduct of merging parties during merger investigations.

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The European Commission is currently investigating a company for allegedly providing misleading or incorrect information in the context of a merger notification two years ago. The obligation to provide accurate information during merger investigations must be taken seriously and applies not only to the merging parties, but also to intervening third parties who are asked to provide information by the authorities. Merging companies must also ensure that during the merger review process and before obtaining clearance, they conduct business as usual and avoid any conduct that could compromise the acquired company’s competitiveness. So- called “gun- jumping activities” are frequently scrutinized by the US competition authorities and European Commission. EU national competition authorities are now also demonstrating an increased willingness to impose significant fines if confronted with gun- jumping practices: the French competition authority recently imposed an €8.

Cartel Enforcement and the Need for Compliance. European Commission issuing its largest ever cumulative fine totalling €3.

Substantial fines can continue to be expected in 2. Commission’s pending investigations.

Member States continue to be aggressive in their domestic cartel enforcement. Germany in particular has been very active in imposing fines and opening significant investigations in a large variety of sectors. Bid- rigging in the construction sector is likely to be an area of focus in Central and Eastern Europe. Compliance therefore remains highly topical for companies wanting to avoid cartel investigations. State Aid: Extension of the Notion of Aid, Tax and Energy. The notion of State aid was extended once again, in very recent EU case law just before the end of 2. The Court of Justice of the European Union has in particular construed the concept of ‘selective advantage’ in fiscal measures in the broadest manner.

This decision stresses the importance of State aid control for tax measures, as exemplified by the European Commission’s wave of recent challenges to outlier tax rulings. Energy is also one of the European Commission’s top priorities in State aid control. New State aid investigations are expected regarding wide spread national support measures for renewable energy production and enhanced energy efficiency as well as capacity mechanisms in electricity markets.

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Competition Damages Claims: Implementation of the EU Directive. We have already seen an increase in antitrust litigation, which will accelerate in 2. EU competition legislation in years: the new Damages Directive. The ramifications of the new Directive will be felt more strongly by those jurisdictions with a tradition of litigation, such as the UK, the Netherlands and Germany. Nevertheless, it will only be a matter of time before plaintiffs discover other, more beneficial jurisdictions. Brexit will be a blow to the UK courts, but the newly empowered Competition Appeal Tribunal will no doubt remain an attractive forum.

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We have highlighted the incoming changes and how they impact global litigation strategies here. EU Regulatory Changes for a Wide Range of Products and Services. From medical devices and e- cigarettes to construction products, 2. EU. These rules concern, for example, new risk classifications, changes to the approval process, and traceability requirements. Furthermore, cross- sector regulations have been revamped (e.

Increased compliance responsibilities for each operator in the supply chain combined with heightened supervision by authorities for each of these product rules, may bring about increased allegations of non- compliance and liability for manufacturers, importers and distributors. As with goods, regulatory requirements for several services are also being updated. This is notably the case with the proposal for a new regulatory framework for digital markets and telecom services, covering, for example, broadband access & infrastructure investment, radio spectrum allocation and internet- based ‘over- the top’ (OTT) services such as voice and video calling, text messaging, video content delivery and social networking. Innovation: Increased Importance in Competition Investigations.

Innovation has become a top priority for the European Commission, as stressed in recent speeches and policy briefs. We expect this trend to continue in 2. On the antitrust front, 2. We can also expect innovation effects to feature prominently in merger review in technology, agrochemical and pharmaceutical industries.

As a result of the increasing role of innovation, companies should be prepared to face more complicated and lengthy investigation procedures. Digital Single Market: Online Sales. The European Commission is expected to issue its final report on the outcome of its e- commerce sector inquiry in the first quarter of 2. EU rules on distribution as they relate to online sales. The Commission is seeking to remove barriers to online sales in the EU and is monitoring bans on sales on online marketplaces and other limitations to cross- border online sales.

Companies that engage in online sales will need to ensure their distribution arrangements are in line with the Commission’s new guidance and rules. In a parallel move, the Commission is looking to regulate parcel delivery rates by way of a price cap to encourage online sales. Intellectual Property and Competition: From SEP and FRAND to Internet of Things Issues. The enforcement of standard essential patents, related disputes concerning royalty obligations and licensing terms will remain hot topics, and 2. Standard Essential Patent (SEP) enforcement set out in EU case law. The Internet of Things will further increase the need for interoperability and access to related IPRs, and we are likely to see diverging views on both sides of the Atlantic with the EU taking a more interventionist approach in particular with regard to pricing.

Patent settlement and other deals involving generic drugs manufacturers in the life sciences industry remain in the spotlight. Data Protection: Compliance With the New General Data Protection Regulation. Watch Killer App Streaming.