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eu & competition

Schoenherr's experts bring legal advice in the field of eu & competition 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."
Chambers Europe

 

 

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
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news

newsletter

07 January 2021

romania

V.Weiss G.Bădescu C.Manea

Romania: FDI rules soon to be tightened

At the end of December 2020, the Romanian Competition Council (the "RCC") published an updated iteration of the draft Emergency Government Ordinance implementing the FDI Regulation (the "FDI Draft Law").

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press release

Romania: Schoenherr successful in competition litigation for Covalact SA

Schoenherr Romania successfully assisted the dairy producer Covalact SA in litigation proceedings for the annulment of a competition fine.

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newsletter

04 January 2021

austria hungary

C.Haid A.Nagy

Gatekeepers and the Digital Markets Act – CEE focused in-depth review

The Digital Markets Act proposal (DMA) is a collection of complex obligations imposed on certain digital service providers. We previously described the salient features of the DMA here.

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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.

 

 

 

 

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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.

 

 

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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. 

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