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Competition & EU

Competition authorities have increasingly far-reaching powers to investigate mergers, markets, sectors, cartels, market conduct and commercial arrangements. You face an ever increasing risk of regulatory intervention, significant penalties, damages litigation and criminal liability. Our dedicated competition and regulatory experts in CEE, including former regulators, can advise you on the entire range of contentious and non-contentious competition law issues. We regularly advise clients on competition matters across multiple jurisdictions in CEE, working closely together, to deliver consistent and joined-up advice.  We have a successful track record in representing clients before national authorities and courts, as well as the European Commission and courts.

The CMS Competition Group is one of the largest teams in the market and works closely with the CMS EU Law Office in Brussels. We support clients on all their competition law needs: cartels, horizontal and vertical restraints, abuse of dominance, merger control, state aid, investigations and compliance, regulatory appeals, criminal liability, damages litigation, public procurement and consumer protection.  Being compliant and implementing effective risk mitigation strategies is key.  We focus not only on problem solving but also on helping you avoid problems in the first place. Our large team of competition lawyers has extensive experience in helping navigate these challenges so that you can focus on your business. We have in-depth knowledge of competition rules across different countries and markets and use our sector approach to understand your business environment and come to grips with your issues.

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State Aid
What is State aid?State aid is a highly technical area of EU law and has generated a wide range of evolving case law. Compliance with State aid rules

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24/11/2021
The European Com­mis­sion pro­longs the State aid Tem­por­ary Frame­work un­til...
The European Com­mis­sion has de­cided to pro­long the State aid Tem­por­ary Frame­work un­til 30 June 2022. The amend­ment, aside from the tem­por­al ex­ten­sion, aims to in­crease the thresholds of cer­tain cat­egor­ies...
07/10/2021
State aid: Court of Justice of the EU par­tially an­nuls European Com­mis­sion’s...
On 2 Septem­ber 2021, the Court of Justice of the EU (“CJEU”) an­nulled the judg­ments of the Gen­er­al Court of 19 June 2019 de­clar­ing the plaintiffs’ ac­tions in­ad­miss­ible and con­firm­ing the leg­al­ity...
04/10/2021
COV­ID-19: European Com­mis­sion opens con­sulta­tion on ex­tend­ing State aid...
In­tro­duc­tion to an amended Tem­por­ary Frame­work The European Com­mis­sion launched a con­sulta­tion pro­cess on 30 Septem­ber 2021, send­ing a pro­pos­al to Mem­ber States on a sixth draft amend­ment to the Tem­por­ary...
28/09/2021
Gen­er­al Court backs European Com­mis­sion in Altice gun jump­ing case – con­firm­ing...
On 22 Septem­ber 2021, the Gen­er­al Court dis­missed Altice's ac­tion against the European Com­mis­sion's 2018 de­cision im­pos­ing two fines totalling EUR 124.5 mil­lion for "gun jump­ing" in con­nec­tion with Altice's...
22/09/2021
Un­fair trad­ing prac­tices in the ag­ri­cul­tur­al and food sup­ply chain in Bul­garia
1. How are un­fair trad­ing prac­tices in the ag­ri­cul­tur­al and food chain reg­u­lated in this jur­is­dic­tion? When the ap­plic­able reg­u­la­tions were in­tro­duced and when they were last amended? Spe­cif­ic reg­u­la­tions...
Comparable
22/09/2021
EU Green Deal, sus­tain­ab­il­ity and com­pet­i­tion law: European Com­mis­sion’s...
In Decem­ber 2019, the European Com­mis­sion presen­ted the “European Green Deal”, which com­mits to cli­mate neut­ral­ity by 2050. EU Mem­ber States prom­ised to re­duce emis­sions by at least 55% by 2030, com­pared...
22/09/2021
“Friends of an ef­fect­ive Di­git­al Mar­kets Act” part 2 – France, Ger­many...
In May 2021, France, Ger­many and the Neth­er­lands pub­lished a non-pa­per with pro­pos­als to im­prove the Di­git­al Mar­kets Act (DMA). In this pa­per, the three mem­ber states, which refer to them­selves as “Friends...
09/09/2021
CEE Mer­ger Clear­ance Mat­rix 2021
Cross bor­der M&A trans­ac­tions that re­quire mer­ger con­trol ap­provals in sev­er­al jur­is­dic­tions have be­come com­mon­place. To re­duce time delays and keep costs down, it is es­sen­tial to identi­fy at the early...
31/08/2021
COV­ID-19: the European Com­mis­sion clears 800 mil­lion EUR Itali­an com­pens­a­tion...
On 26 Ju­ly 2021, the European Com­mis­sion au­thor­ised a dam­age com­pens­a­tion scheme for Itali­an air­ports and ground­hand­lers in the con­text of the COV­ID-19 out­break. The scheme of dir­ect grants has an es­tim­ate...
26/07/2021
European Com­mis­sion ap­proves amend­ments to Flem­ish aid schemes for start-ups,...
On 5 Ju­ly 2021, the European Com­mis­sion cleared new amend­ments to two ex­ist­ing Flem­ish aid schemes that were ap­proved in 2020 un­der sec­tions 3.1 and 3.3 of the Tem­por­ary Frame­work for State aid meas­ures...
15/07/2021
European Com­mis­sion pub­lished drafts of the re­vised Ver­tic­al Block Ex­emp­tion...
On 9 Ju­ly, the European Com­mis­sion pub­lished its draft re­vised Ver­tic­al Block Ex­emp­tion Reg­u­la­tion (VBER) and the cor­res­pond­ing Ver­tic­al Guidelines. The VBER con­cerns ver­tic­al agree­ments, which are agree­ments...
15/07/2021
COV­ID-19: The European Com­mis­sion ap­proves a fifth aid to Al­it­alia
On 2 Ju­ly 2021, the European Com­mis­sion au­thor­ised Itali­an aid of EUR 39.7 mil­lion for Al­it­alia. This aid meas­ure is in­ten­ded to com­pensate Al­it­alia for the dam­age suffered on cer­tain routes caused by...