Insights

In June 2025, the European Commission adopted its first-ever measures under the International Procurement Instrument Regulation (IPI), restricting access to the EU public procurement market for medical devices for economic operators and medical devices from the People’s Republic of China. This is the first application of the IPI, a new trade instrument aimed at tackling lack of reciprocity in access to public procurement in third countries.

The UK’s increased defence spending and zero-tariff trade on aircraft parts with the US is generating broad interest in the UK defence sector.

On 18 September, during the anticipated state visit, the leaders of the UK and the US signed the Technology Prosperity Deal, which promises to boost investment and cooperation to foster innovation, security, and economic prosperity. This is being lauded in the UK as a hugely significant milestone in transatlantic cooperation. The governments of both countries have released a Memorandum of Understanding (“Memo”) which covers a number of ambitious plans in strategic science and technology fields, including artificial intelligence (“AI”), nuclear energy, fusion, and quantum technologies.

The UK’s new Procurement Act 2023 (the “Act”) took effect on 24 February 2025. More information on this can be found in our alerts: Understanding the UK’s New Procurement Regime in 2025 and Changes to the UK Procurement Regime in 2025: An Introduction to the Debarment List.

On February 26, the European Commission presented its Clean Industrial Deal (CID). As a follow-up to the European Green Deal, the CID aims to strengthen the competitiveness of European industry while at the same time accelerating the decarbonization of the economy.

As a result of the Procurement Act 2023, the UK procurement regime  changed on 24 February 2025. To read about the key changes, please see our article Understanding the UK’s New Procurement Regime in 2025.

The UK’s new Procurement Act 2023 (the “Act”) takes effect from 24 February 2025. Our view is that while there are a small number of important differences, which we discuss below, the majority of the processes outlined in previous legislation, remain unchanged, despite some changes in terminology.

Last year, the European Union (EU) legislature adopted a far-reaching regulation aimed at tackling the distortive effects on EU markets of financial support provided by non-EU countries to undertakings active in the EU (Foreign Subsidies Regulation or FSR). However, the FSR left many procedural details to be hammered out by the European Commission (EC) in an Implementing Regulation, to be adopted before the FSR itself starts to apply in July 2023. On 6 February 2023, the EC launched a much-anticipated public consultation regarding its draft Implementing Regulation, including two annexes containing notification forms for concentrations and public procurements. Stakeholders have until 6 March 2023 to submit comments.

On 28 November, the European Union adopted the Corporate Sustainability Reporting Directive (hereafter: “CSRD”), succeeding the Non-Financial Reporting Directive (hereafter: “NFRD”) and ushering in the next era of sustainability reporting. Here are seven questions and responses to help your company prepare in the countdown to CSRD implementation.

As we wrote in an earlier client alert, the European Commission proposed the FSR in May 2021 to close a regulatory gap and level the playing field between undertakings receiving subsidies from EU Member States, which are subject to strict state aid rules, and recipients of third-country subsidies, which so far escaped scrutiny. The proposal followed a public consultation on the European Commission’s June 2020 White Paper on Foreign Subsidies.

On Tuesday, July 5th, the European Parliament adopted the Digital Services Act (DSA) with a resounding 539 votes in favor, 54 votes against and 30 abstentions. The DSA is but one part of the multifaceted European digital strategy and, together with the Digital Markets Act (DMA), makes up the Digital Services Package, initially proposed by the European Commission in December 2020 (see our previous alert of January 12, 2021). The DSA takes the form of a Regulation, directly applicable in all EU Member States, and will amend (but not fully replace) the 2000 e-Commerce Directive (Directive 2000/31/EC).

On May 3, 2022, the European Commission published a proposed regulation (the “EHDS Proposal”) for the establishment of a European Health Data Space (or “EHDS”). This is the first proposal for establishing domain-specific common European data spaces following the European strategy for data and an important step in building a European “Health Union”.

On March 24, 2022, the European Union (EU) co-legislators (the European Parliament and the Council) reached political agreement on the final provisions of the Digital Markets Act (DMA). The DMA aims at ensuring fair and contestable markets in the digital sector by imposing specific regulatory obligations on so-called “gatekeepers,” i.e., major digital platforms with a powerful and entrenched position which act as important gateways for businesses to reach end users. The European Commission (EC) will act as the central enforcer of the DMA. It will have extensive investigative powers and be able to impose hefty fines as well as behavioral and structural remedies (including the breaking up of companies). As an instrument of ex ante regulation, the DMA is designed to complement (not replace) the ex post enforcement of competition law, which is often viewed as too slow to effectively rein in the market power of “Big Tech” players.

On March 1, 2022, the European Commission published its draft revised block exemption regulations on research and development agreements (“R&D BER”) and specialization agreements (“Specialization BER”), together referred to as the Horizontal Block Exemption Regulations (“HBERs”). At the same time, it published draft revised Guidelines for Horizontal Cooperation Agreements (“Horizontal Guidelines”). The stated aim of the revision is to make it easier for companies to cooperate in ways that are economically desirable and contribute to the digital and green transition. The current HBERs are set to expire on December 31, 2022; it is therefore to be expected that the final revised HBERs and Horizontal Guidelines will be adopted before the end of this year.

Businesses distributing goods and services in the EU rely on the Vertical Block Exemption Regulation (VBER) for legal certainty. The VBER and the accompanying guidelines set out the conditions under which distribution agreements are presumed to comply with EU competition law. The current VBER is set to expire on May 31, 2022. Over the past few years, the Commission has been working with stakeholders to assess, update and amend the existing rules to take account of market developments, including the emergence of online platforms and e-commerce (see also our Client Alert of October 26, 2020). The most important changes proposed by the Commission can be summarized as follows: