Jay Modrall

2 months ago | lexology.com | Jay Modrall

Acting on one of the priorities laid out in President von der Leyen’s Mission Letter to Commissioner McGrath, the European Commission (EC) has published a communication on an EU toolbox for safe and sustainable e-commerce (the Communication). The Communication announces a menu of regulatory initiatives for the 2024-2029 EC term.

Aug 19, 2024 | mondaq.com | Jay Modrall |Alexandra Rogers

The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by "foreign" – meaning non-EU – subsidies benefitting companies active in the EU. The FSR draws on EU merger control, State aid and trade law, but it also introduces new legal concepts and procedures not fully explained in the regulation or the July 2023 implementing regulation. The FSR requires the Commission to issue guidance on certain issues by January 2026.

Mar 10, 2024 | mondaq.com | Jay Modrall

What a difference five years make. In 2019, the European Union (EU) created a modest common framework for foreign direct investment (FDI) screening, Regulation 2019/452 (the FDI Regulation), stressing that decisions on proposed investments, and even the decision whether to engage in FDI screening at all, remained with EU Member States. A pandemic and two wars later, the EU seems poised to take a major step towards a more centralized approach to economic security policy.

Feb 1, 2024 | mondaq.com | Jay Modrall

Since the EU's foreign direct investment (FDI) screening regime became effective in 2020, the EU Commission has reviewed over 1,200 FDI transactions notified by EU Member States, although the Commission has expressed opinions in less than 3%. Under the current framework, EU Member States are encouraged but not required to implement FDI screening mechanisms.

Jan 2, 2024 | mondaq.com | Jay Modrall |Julia Kampouridi

On 7 December 2023, the European Commission (Commission) adopted guidelines on the application of an EU antitrust exemption for sustainability agreements involving producers of agricultural products (the Guidelines). Article 210a of Regulation (EU) 1308/2013 (CMO Regulation) exempts restrictions of competition in agreements in the agriculture sector that are indispensable to achieving sustainability standards higher than EU or national mandatory standards.