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Competition & EU

Competition and regulatory authorities now possess far-reaching powers to investigate companies and commercial arrangements, prohibit M&A deals, force divestment of merged businesses, review markets and impose penalties. There is the additional risk of private enforcement such as substantial (follow-on) antitrust damages claims. Being compliant and implementing effective risk mitigation strategies is key.

We focus not only on problem solving but also on how you can avoid problems in the first place. Our large team of competition lawyers has extensive experience in helping navigate these difficult paths so that you can focus on your business. We have in-depth knowledge of competition rules across different countries and markets.

The CMS Competition Group is one of the largest competition teams in Europe and at the same time one of the most widespread. We offer a one-stop-shop solution to clients for all their competition law needs across Europe and beyond. The lawyers spread across the CMS offices are supported by the CMS EU Law Office in Brussels. The CMS Competition Group has hands-on experience in dealing with the European Commission and all national competition authorities as well as European and national courts.

We act for clients in all areas of competition law: cartels, distribution agreements and other agreements comprising horizontal and vertical restraints, abuse of dominance, merger control, private enforcement, state aid, investigations and compliance. Our sector approach helps us understand your business environment and get 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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13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
02/08/2022
Leg­al is­sues in the meta­verse / Part 4 - Ex­pec­ted im­pact of the EU Ar­ti­fi­cial...
Part 4 - Ex­pec­ted im­pact of the EU Ar­ti­fi­cial In­tel­li­gence Reg­u­la­tion, the meta­verse as a work­place In our first art­icle, we ex­amined the nature of the meta­verse, the shared vir­tu­al world. The emer­gence...
01/08/2022
State aid: Amend­ments to the European Com­mis­sion's Tem­por­ary Crisis Frame­work...
On 20 Ju­ly 2022, the European Com­mis­sion ad­op­ted an amend­ment to the Tem­por­ary Crisis Frame­work for State aid meas­ures to sup­port the eco­nomy fol­low­ing Rus­si­a's ag­gres­sion against Ukraine. The amend­ments...
29/07/2022
Air­line slots: The European Com­mis­sion presents to the Coun­cil and the...
On 12 Ju­ly 2022, the European Com­mis­sion is­sued a pro­pos­al for a reg­u­la­tion sub­mit­ted for ap­prov­al to the Coun­cil and the EU Par­lia­ment to al­low the air­line slot re­gime to re­spond in a more flex­ible man­ner...
27/07/2022
Leg­al is­sues in the meta­verse / Part 3 - Data pro­tec­tion chal­lenges, the...
Part 3 - Data pro­tec­tion chal­lenges, the im­port­ance of cy­ber­se­cur­ity, ad­vert­ising reg­u­la­tion in the meta­verse In our first art­icle, we ex­amined the nature of the meta­verse, the shared vir­tu­al world...
20/07/2022
The Gen­er­al Court of the EU con­firms the Com­mis­sion de­cision on the Finnish...
On 22 June 2022, the Gen­er­al Court of the EU con­firmed the leg­al­ity of the European Com­mis­sion de­cision of 9 June 2020 ap­prov­ing the pub­lic re­cap­it­al­isa­tion of Fin­nair for an amount of around EUR 500 mil­lion...
19/07/2022
Leg­al is­sues in the meta­verse / Part 2 - Trade­marks and copy­right, NFTs...
Part 2 - Trade­marks and copy­right, NFTs and civil law prin­ciples in the meta­verse In our first art­icle, we ex­amined the nature of the meta­verse, the shared vir­tu­al world. In the meta­verse, trade in vir­tu­al...
15/07/2022
EU­'s Gen­er­al Court con­firms Com­mis­sion's new mer­ger re­fer­ral policy in...
Un­der Art­icle 22 of the EU Mer­ger Reg­u­la­tion (EU­MR), na­tion­al com­pet­i­tion au­thor­it­ies have the pos­sib­il­ity to re­quest re­fer­ral to the Com­mis­sion of any mer­ger, which does not meet the thresholds of the...
12/07/2022
The European Com­mis­sion ac­cepts In­sur­ance Ire­land’s com­mit­ments re­gard­ing...
In­sur­ance Ire­land is an as­so­ci­ation of com­pan­ies cov­er­ing more than 90% of the Ir­ish mo­tor in­sur­ance mar­ket. It provides to its mem­bers a sys­tem for ex­chan­ging in­form­a­tion in or­der to de­tect fraud or...
24/06/2022
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
23/05/2022
Ten key takeaways of the draft re­vi­sion for the EU mer­ger con­trol pro­ced­ure
Fol­low­ing its eval­u­ation of pro­ced­ur­al and jur­is­dic­tion­al as­pects of EU mer­ger con­trol, on 6 May 2022 the European Com­mis­sion pub­lished drafts for a re­vised Mer­ger Im­ple­ment­ing Reg­u­la­tion (in­clud­ing Form...
12/05/2022
10 key as­pects of the re­vised EU com­pet­i­tion law in the field of dis­tri­bu­tion...
The new Ver­tic­al Block Ex­emp­tion Reg­u­la­tion (VBER) and the new ac­com­pa­ny­ing Ver­tic­al Guidelines (VGL) were pub­lished on 10 May 2022. The new VBER will enter in­to force on 1 June 2022 and ap­ply for the...