Insights

Brussels – March 20, 2023: Chambers and Partners has ranked four Crowell & Moring practice groups and six individual lawyers in the Chambers Europe 2023 guide. The rankings are driven by independent interviews of clients and members of the legal community.

Washington – January 11, 2023: Crowell & Moring has published Litigation Forecast 2023: What Corporate Counsel Need to Know for the Coming Year. The 11th-annual Litigation Forecast focuses on trends in litigation that are playing out in specific jurisdictions around the globe. 

Washington – December 22, 2022: Global Competition Review recognized Crowell & Moring’s Antitrust & Competition Group in its “GCR 100 2023” – the leading ranking of the world’s competition policy law and economics practices. This year marks the 23rd edition of the awards and the 16th consecutive year that the Antitrust & Competition Group has been recognized.

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 October 28, 2022, the European Commission adopted a second amendment to its Temporary Framework for State aid measures to support the economy following Russia’s aggression against Ukraine (“TF”). The TF was set to expire on December 31, 2022. As the war in Ukraine continues to affect companies in the EU, the Commission has extended its application until December 31, 2023. In addition, the second amendment to the TF raises the ceilings for limited amounts of aid and provides for additional flexibility for liquidity support to energy utilities for their trading activities and for companies affected by rising energy costs. It also introduces means to support electricity demand reduction, in line with the recent Regulation (EU) 2022/1854 on an emergency intervention to address high energy prices. The changes reflect the growing concern of the EU institutions about the security of gas and electricity supply in Europe.

On 08 September 2022, the Russian Government issued a Russian Presidential decree which introduced a new vetting procedure regulating situations where “unfriendly” persons take part in transactions involving shareholdings in Russian limited liability companies.  These transactions are now subject to an approval decision by the Government Commission on Control over Foreign Investments before they can be completed.  This is the latest in a growing line of countermeasures being introduced by the Russian President to try to keep liquid assets within Russia and bolster the country’s financial markets.

Washington, D.C.-based attorney Shawn Johnson is featured in Global Competition Review as being recently promoted to partner in the firm's Antitrust Group. Johnson shares, "I am very excited and looking forward to continuing to grow our practice. This promotion offers me an opportunity to develop additional clients and provides me a platform for further growth." Co-chair of the Antitrust Group, Wm. Randolph Smith tells the publication that Johnson's "deep industry knowledge and ability to offer practical solutions will continue to add value to our clients."

Gain insightful knowledge on key cartel risk and compliance issues. Eminent officials from the European Commission and national competition authorities as well as leading private practitioners and in-house counsel will debate practical challenges to help you develop an effective strategy for your business needs and services.

As part of its Digital Single Market Strategy, the European Commission launched an e-commerce sector inquiry in May 2015. One of the stated objectives was to help the Commission identify possible competition concerns in European e-commerce markets. In September 2016, the Commission issued a preliminary report. Based on evidence collected from nearly 1,800 companies, the preliminary report confirms the continued growth of e-commerce and identifies common business practices in the sector including some the Commission suggests may limit online competition. What can we learn from the preliminary report and what are the implications for antitrust enforcement in Europe and beyond?