This regular alert covers key regulatory developments related to EU emergency responses, including in particular, to COVID-19, Russia's war of aggression against Ukraine, and cyber threats. It does not purport to provide an exhaustive overview of developments.
This regular update expands from the previous COVID-19 Key EU Developments – Policy & Regulatory Updates (last issue No. 99).
LATEST KEY DEVELOPMENTS
Competition & State Aid
- European Commission's merger simplification package becomes
applicable
- Executive Vice-President and Competition Commissioner Vestager temporarily withdraws from the European Commission's work
Trade / Export Controls
- European Commission President Ursula von der Leyen announces initiation of anti-subsidy investigation into EU imports of electric vehicles from China
- European Commission publishes Guidance on enhanced due diligence to shield against Russia sanctions circumvention
Medicines and Medical Devices
- European Commission creates Advisory Committee on Public Health
Emergencies
- European Commission authorizes adapted COVID-19 vaccine for Member States' autumn vaccination campaigns
Cybersecurity, Privacy & Data Protection
- European Commission designates first gatekeepers under Digital
Markets Act
- European Commission proposes Critical Infrastructure Blueprint
COMPETITION & STATE AID |
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Competition |
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European Commission's merger simplification package becomes applicable (see here) |
On 1 September 2023, the European Commission's merger simplification package entered into force. Adopted on 20 April 2023, the package's three measures further simplify procedures for reviewing concentrations under the EU Merger Regulation: (1) a revised Merger Implementing Regulation; (2) a Notice on Simplified Procedure; and (3) a Communication on the transmission of documents. The Commission's Merger Policy Brief, dated 1 September 2023, also provides further details on the package. To recall, the merger simplification package's primary measures aim at streamlining merger review and include, among others: For the simplified procedure:
(i) joint ventures whose activities are exclusively located outside the EEA (Notice on Simplified Procedure, point 5(a)); and (ii) concentrations without any horizontal overlaps or any non-horizontal (i.e., vertical or conglomerate) relationships between merging parties' activities (Notice on Simplified Procedure, point 5(c)). The information required for these cases is significantly reduced, and merging parties are advised to save time by directly notifying, without pre-notification contacts with the Commission. For the non-simplified procedure:
On transmitting documents to the Commission, the new Communication introduces electronic notifications by default, and notably:
The Commission's webpage on merger simplification provides further details, including a practical information section, with guidance on, e.g.,
Looking ahead. As stated in the above-referred Merger Policy Brief, the Commission expects that by broadening and clarifying the categories of simplified cases, some 10% of cases previously requiring notification under the ordinary procedure will now be reviewed under the simplified procedure. Thus, the Commission anticipates that at least 80% of all notified cases will be reviewed under the simplified procedure going forward. By substantially alleviating the procedural burdens within merger control for unproblematic cases, the Commission expects that this will enable a more focused examination of cases deemed as warranting closer scrutiny. |
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