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Articles by Jay Modrall
Efficiencies in the Draft EU Merger Guidelines: A Glass Half Full
Before the Commission published its draft guidelines on the assessment of mergers under the EU Merger Regulation (the Draft Guidelines), Executive Vice-President (EVP) Teresa Ribera highlighted the guidelines’ “updating [of] the way [the Commission looks] at efficiencies.” EVP Ribera promised that the Commission “will commit to engaging early and openly with companies on the efficiencies of their deals.
The EU Industrial Accelerator Act: EU Unicorns or Chimera?
The European Commission’s latest proposal to boost European Union (EU) competitiveness cuts across multiple regulatory areas and will add another layer to an already complex regulatory landscape. The IAA would make significant changes in EU public procurement, foreign direct investment (FDI) and critical raw materials (CRM) regimes. The proposed Industrial Accelerator Act (IAA) aims to increase the EU manufacturing sector’s share of 14% of GDP in 2024 to 20% by 2035.
Will the new EUMR Guidelines be a significant impediment to sustainability? – Concurrences
Previous article Next article Share on | Estimated reading time: 14 min This article examines the European Commission’s review of its Merger Guidelines in the context of EVP Ribera’s mandate to ‘modernise’ competition policy to support the EU’s sustainability objectives.
A New Approach to Sustainability in EU Merger Cases?
Does the European Commission’s (Commission’s) second conditional approval under the Foreign Subsidies Regulation (FSR) signal a new approach to sustainability issues in EU merger cases? On November 14, 2025, the Commission approved the acquisition of Covestro AG (Covestro), formerly Bayer Material Science AG – a German producer of advanced plastics and chemical materials – by Abu Dhabi National Oil Company PJSC’s (ADNOC’s) – the national oil company of Abu Dhabi.
Maria Chiara Paoli – Concurrences
This article examines the European Commission’s review of its Merger Guidelines in the context of EVP Ribera’s mandate to ‘modernise’ competition policy to support the EU’s sustainability objectives. While recent decisional practice and the Commission’s Consultation signal growing attention to (…)
Critical Raw Materials and EU Antitrust, Cont’d.
The European Commission is exploring ways European Union (EU) competition policy can support the security and resilience of European supply chains, particularly in relation to critical raw materials (CRMs). The Commission is focused specifically on 14 CRMs -- aluminium, beryllium, cobalt, copper, gallium, germanium, graphite, lithium, manganese, nickel, platinum, rare earth elements (REEs), titanium, and tungsten – designated under the EU’s Critical Raw Materials Act (CRMA).
European commission clarifies its consumer protection agenda for e-commerce
Acting on one of the priorities laid out in President von der Leyen’s Mission Letter to Commissioner McGrath, the European Commission (EC) has published a communication on an EU toolbox for safe and sustainable e-commerce (the Communication). The Communication announces a menu of regulatory initiatives for the 2024-2029 EC term.
EU Commission Expands Foreign Subsidies Guidance
The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by "foreign" – meaning non-EU – subsidies benefitting companies active in the EU. The FSR draws on EU merger control, State aid and trade law, but it also introduces new legal concepts and procedures not fully explained in the regulation or the July 2023 implementing regulation. The FSR requires the Commission to issue guidance on certain issues by January 2026.
EU Commission Proposal For A New European Economic Security Framework
What a difference five years make. In 2019, the European Union (EU) created a modest common framework for foreign direct investment (FDI) screening, Regulation 2019/452 (the FDI Regulation), stressing that decisions on proposed investments, and even the decision whether to engage in FDI screening at all, remained with EU Member States. A pandemic and two wars later, the EU seems poised to take a major step towards a more centralized approach to economic security policy.
EU Commission Proposes Stronger EU FDI Screening Regime
Since the EU's foreign direct investment (FDI) screening regime became effective in 2020, the EU Commission has reviewed over 1,200 FDI transactions notified by EU Member States, although the Commission has expressed opinions in less than 3%. Under the current framework, EU Member States are encouraged but not required to implement FDI screening mechanisms.
New EU Antitrust Guidelines For Food & Agri Sustainability Agreements - Antitrust, EU Competition - Worldwide
On 7 December 2023, the European Commission (Commission) adopted guidelines on the application of an EU antitrust exemption for sustainability agreements involving producers of agricultural products (the Guidelines). Article 210a of Regulation (EU) 1308/2013 (CMO Regulation) exempts restrictions of competition in agreements in the agriculture sector that are indispensable to achieving sustainability standards higher than EU or national mandatory standards.
Third Commission FDI Report Reflects Consolidation Of EU Framework
The European Commission's third annual report (the Report) on experience with Regulation 2019/452 (as amended, the FDI Regulation) reflects the growing importance of foreign direct investment (FDI) screening in the European Union (EU). Together with a staff working document, the Report provides valuable insights into the FDI Regulation's practical impact and the Commission's role in FDI screening in the EU.
The EU Commission publishes its third FDI Report which reflects the consolidation of the European Framework
Third Commission FDI Report Reflects Consolidation of EU Framework*Introduction The European Commission’s third annual report (the Report) on experience with Regulation 2019/452 (as amended, the FDI Regulation) reflects the growing importance of foreign direct investment (FDI) screening in the European Union (EU). Together with a staff working document, the Report provides valuable insights into the FDI Regulation’s practical impact and the Commission’s role in FDI screening in the EU.
EU Foreign Subsidies Regulation: a game changer
EU Foreign Subsidies Regulation: a game changer Companies engaged in M&A should prepare for the FSR in transaction planning and documentation Unlock this article. The content you are trying to view is exclusive to our subscribers. Take a Free Trial or Login Tags SB Senior consultant Norton Rose Fulbright MC Partner Norton Rose Fulbright JM Senior counsel Norton Rose Fulbright
The EU’s Draft Horizontal Guidelines: Chilling Innovation on Sustainability?
By Jay Modrall1 In response to demand from customers, investors, employees and other stakeholders, as well as new legal requirements, businesses face huge pressure to make their operations more sustainable. While businesses can do a great deal unilaterally, and indeed often compete with one another on sustainability grounds, reaching sustainability goals may require cooperation among competitors, suppliers, customers, and other stakeholders in global supply chains.
For connected cars, an evolving EU regulatory landscape
The European Union is creating an ambitious new regulatory framework for data and artificial intelligence with major implications for the automotive sector. This would affect not only vehicle manufacturers but also automotive suppliers and distributors, and providers of related products and services, ranging from telecommunications, entertainment, insurance, fuel/charging stations and aftermarket services. The new framework will include, in particular, the recently proposed Data Act.
The EU's Data Act: Capstone of the EU Data Strategy
On 23 February 2022 the EU Commission published its long-awaited Data Act, the last major building block of the Commission’s February 2020 Data Strategy. The Data Act: Is an ambitious piece of legislation with implications for consumers and businesses across the economy, not limited to the technology sector.
Sustainability In The Food And Agri Sector: Antitrust Authorities Step Up
European Union: Sustainability In The Food And Agri Sector: Antitrust Authorities Step Up 23 December 2020 Norton Rose To print this article, all you need is to be registered or login on Mondaq.com. Introduction Sustainability is critical at all levels of the food and agri sector, from water conservation, fertilizer and pesticide development and usage by growers to processing, transportation, distribution and waste management.
EU data governance regulation - A wave of digital, regulatory and antitrust reform begins - Part Three
On 25 November 2020, the European Commission (EC) published its proposed Data Governance Regulation (the DGR), which will create a new legal framework to encourage the development of a European single market for data. This is part three of a series of three blog posts. In this blog post, we consider the DGR’s relationship to competition law rules.
Big Data, Big Target for EU Antitrust Enforcement?
In her new five-year mandate as Competition Commissioner, Commission Executive Vice-President Vestager will be considering changes to EU antitrust enforcement in relation to big data in several respects: the role of data in defining markets and assessing market power; imposing data-access remedies in abuse-of-dominance cases; and clarifying rules on sharing and pooling data.
Big data poses antitrust challenge for insurers
Email Print Bookmark Tags: Technology Regulation Distribution By Jay Modrall, Norton Rose Fulbright 22 Jul 2019 Analysis Data pooling arrangements among insurers have raised the concerns of antitrust authorities in Europe Existing Subscriber? Sign in to continue reading. If content does not display, please refresh your browser. New to Insurance Day?
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