EU Commission enforces obligation to provide correct and complete information in merger control proceedings EU merger control law provides for an obligation of the parties to provide correct and complete information in merger control proceedings. This obligation has a very high relevance for the European Commission, as latest enforcement activities demonstrate. On 19 March 2024, the European Commission sent a Statement of Objections to an insulation panels maker alleging that the company provided incorrect, incomplete and misleading information during merger control proceedings for the co ..read more

I. The latest from the data protection authorities and current topics1. EDPB: Launch of coordinated enforcement on the right of accessThe European Data Protection Board (EDPB) selected the right of access under Article 15 GDPR as the focus of the third coordinated enforcement action of the data protection authorities. Coordinated enforcement has now begun and aims to help assess how the right of access is implemented in practice and to what extent adjustments or clarifications are needed in the EDPB's Guidelines on this topic. Last year’s results of the coordinated enforcement action on the ..read more

Transforming the Legal Landscape? The Impact of LLMs Large Language Models (LLMs) are a branch of artificial intelligence (AI) that can generate human-like text based on deep learning techniques. LLMs are trained on massive amounts of textual data, such as books, articles, and websites, and learn to recognise patterns, structures, and relationships within the data. By doing so, they develop the ability to produce text on various topics. The presence of LLMs in the legal sector is increasing and, with this, the ability of lawyers to understand and use LLMs in providing quality advice to th ..read more

Cheers! New EU rules to strengthen GI protection for wine, spirit drinks and agri-food products come into force on 13 May 2024 On 23 April 2024, a new EU regulation aimed at enhancing the protection of geographical indications (GIs) for wine, spirit drinks and agricultural products, and other quality schemes for agricultural products was published in the Official Journal. The new rules, that enter into force on 13 May 2024, provide for a streamlined registration procedure, a strengthened role of producer groups, and improved provisions on GI protection (both online and offline) and sustainabil ..read more

Update on the AML-CTF Package: Formal Adoption by the European Parliament on 24 April 2024 Following the political agreements which have been reached earlier this year, the European Parliament has now adopted the last remaining texts of the AML-CTF Package on 24 April 2024.By way of reminder, the AML-CTF Package is composed of four legislative proposals aiming at harmonising and strengthening AML-CTF rules in the European Union:Regulation 2023/1113 on information accompanying transfers of funds and certain crypto-assets, which has already been adopted last year and will enter into force on 30 ..read more

Oil & Gas: English court restrains foreign JOA proceedings in breach of arbitration provision In The Shell Petroleum Development Company of Nigeria Limited v Sunlink Energies and Resources Limited [2023] EWHC 3135 (Comm), the English Commercial Court demonstrated its willingness to ensure that a joint operating agreement’s arbitration provisions were preserved, and backed by real action by the court for a party seeking to circumvent them.BackgroundThe claimant, Shell Petroleum Development Company of Nigeria Limited (“SPDC”), and the defendant, Sunlink Energies and Resources Limited (“Sunli ..read more

Navigating clinical trial disclosures: No reasonable expectation of success in a patient sub-population in view of prior art reporting phase III clinical trial (T 1437/21) Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial. At a time when the European Medicines Agency (EMA) is requiring increased transparency for EU clinical trials, this case law is of increasing importance to those operating in the pharmaceutical space.In brief, this decisio ..read more

Poland issues new guidelines on penalties for competition law infringements for capital groups The Polish Office of Competition and Consumer Protection (UOKiK) passed guidelines in April, which makes important changes to how penalties are calculated for companies in Poland. The guidelines are especially important for companies that are part of capital operating internationally.Based on these guidelines, which will apply to all anti-trust cases initiated place after 1 January 2024, penalties could reach in practice the maximum level of up to 10% of worldwide turnover and could be considerably h ..read more

Poland’s strict avoidance action regulations differ from EU Draft Directive The European Commission has published a new proposal for a Directive that would harmonise certain aspects of insolvency law across the EU. This proposal, following the enactment of Directive (EU) 2019/1023, illustrates a strong desire to facilitate the free movement of capital within Europe. A significant part of the proposed Directive is designed to make laws governing avoidance actions uniform across the EU.A review of the draft proposal indicates that Poland already has strict provisions relating to avoidance action ..read more

The CJEU finds that the UK violated its European Law obligations when it complied with pre-existing ICSID Convention obligations without waiting for CJEU to first rule on the issue On 14 March 2024, in the case of European Commission v United Kingdom of Great Britain and Northern Ireland, the Court of Justice of the European Union (“CJEU”) found that the UK “seriously compromised the EU legal order” and violated its obligations under the Treaty on the Functioning of the European Union (“TFEU”). This finding concerned a decision by the UK Supreme Court (“UKSC”) to enforce an “intra-EU” ICSID ar ..read more