competition, eu & foreign trade
Schoenherr's experts bring legal advice in the field of competition, eu & foreign trade straight to the point.
"As well as being highly active in EU and Austrian competition proceedings, the group offers extensive coverage on competition matters in SEE through its network."
Schoenherr's competition practice advises clients from across all industries on the European and national levels throughout the firm’s comprehensive network in Central Europe.
our eu & competition expertise
antitrust
Schoenherr has built up a notable track record in antitrust cases (cartels and abuse of market dominance) and non-litigious competition matters (cooperation agreements, JVs, distribution agreements). The team has participated in virtually all noteworthy antitrust cases in Austria in the recent past, with a similar track record in other CEE/SEE countries. The group has been involved in several cross-border investigations by the EC. Schoenherr also carries out comprehensive compliance programmes for clients from a wide range of industries to limit the antitrust exposure.
merger control
Our team is widely recognised for its expertise in European and national merger control. In Austria, for example, we handle roughly 20 % of all filings submitted to the Austrian authority. With our strong network we act as a one-stop-shop for clients in multijurisdictional transactions. The team is regularly retained for notifications to the European Commission (EC) and has demonstrated its ability to "get things done".
FDI control
In the increasingly important field of foreign direct investment reviews, Schoenherr helps clients navigating the national regimes affecting cross-border investment and to consider issues upfront in order to mitigate any potential risks. We have experience in assessing foreign investment regulatory risk and managing foreign investment reviews, including transactions involving a wide range of industrial sectors.
state aid
Schoenherr's eu & competition team also features one of Austria's most prominent practices in state aid. At the peak of the financial crisis, the team advised a number of Austrian banks in how to apply and implement the EC's complex framework notices as well as the Austrian anti-crisis legislation. We have a similar track record in advising on the pertinent legal questions in the current COVID-19 crisis. We routinely assess innovative projects on compliance with state aid rules and handle complex issues of ad hoc aid and recovery procedures, as well as problems involving private enforcement of state aid violations.
UTP
To improve the position of SMEs in the food supply chain, the EU has adopted legislation that bans certain unfair trading practices. Corresponding national rules are often significantly stricter than the EU counterparts. We help our clients navigate this patchwork and structure their contractual relationships accordingly. Should stakeholders take issue with the practices of our clients, we have significant experience in defending them before authorities and courts.
EU law
From its Brussels office Schoenherr's eu & competition team advises clients on all aspects of EU law, such as assisting companies in respect of Member State measures which conflict with EU law, and in particular the EU fundamental freedoms (e.g. free movement of goods, freedom of establishment and free movement of services). This includes, among others, advice in relation to nationalisations, failure of Member States to implement EU law, and measures of Member States restricting access to their markets
our services
- merger control / multinational filings
- EU law
- foreign direct investment assessments and clearances
- antitrust investigations / litigation
- compliance programmes
- strategic cooperation / joint ventures
- distribution agreements
- state aid
- structuring compliant trade practices
news
newsletter
European Parliament adopts landmark supply chain directive
The European Parliament adopted the Corporate Sustainability Due Diligence Directive (the "CSDDD") on 24 April 2024. This is a landmark piece of legislation that aims to ensure companies contribute to sustainable development by identifying, preventing and mitigating potential or actual adverse human rights and environmental impacts in their operations and value chains (see our newsletter of 20 March 2024 for more information). The directive now also needs to be formally endorsed by the Council, signed and published in the EU Official Journal, entering into force twenty days later. Member States must transpose the CSDDD into national law within two years of its entry into force. But companies are well advised to prepare for the new compliance obligations right away.
newsletter
Serbia: Diving into the CBAM Regulation: how does it function alongside the EU ETS?
As noted in our previous article on this topic, the CBAM is a new carbon tariff instrument introduced as part of the EU's Fit for 55 package, a strategy to reduce the EU's greenhouse gas emissions by at least 55 % by 2030. The CBAM applies to imports into the EU of certain products and is based on the emissions generated in their production outside of the EU. Currently, in the transitional phase of the CBAM, importers only have the obligation to report on the amount of emissions embedded in the products they import, but from 2026 onwards they will also be obliged to buy and surrender CBAM certificates to cover for these emissions. Therefore, under the CBAM, non-EU producers will not only have to assist their EU partners in the reporting process, but also potentially face significant impacts on their businesses as a result of the new financial burdens importers will encounter.
know-how
comparative guide
merger control booklet
This booklet draws upon our know-how and provides an overview of the merger notification requirements under EU law and each of the 17 jurisdictions covered by the expertise of Schoenherr’s EU & Competition Practice Group.
comparative guide
FDI booklet
This booklet provides an up-to-date overview of the currently existing FDI regimes in CEE. Following the trend to tighten / set up FDI screening mechanisms, it will also keep pace with ongoing developments in jurisdictions where new rules are in the pipeline (Austria, Croatia, Czech Republic, Poland and Romania) and therefore be continuously updated.
unfair trade practices info corner
This info corner summarises the main UTP acts and other acts aiming to curb the exercise of SMP, decisions, supplementing materials, as well as our insights and thoughts on this topic.
team
our team
Our team of eu & competition law experts advises on matters across the CEE region.