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"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.
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.
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".
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.
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.
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.
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
Commission for Protection of the Competition of North Macedonia strengthens oversight of food supply chain and food retail sector
The Commission for Protection of the Competition of North Macedonia (CPC) has significantly intensified its enforcement activities in the food retail sector, signalling a stricter regulatory approach toward potential anti-competitive behaviour. Following concerns over rising food prices, the CPC has undertaken dawn raids and launched formal proceedings against major retail chains suspected of violating the Protection of the Competition Act ("Competition Act") and Unfair Trading Practices in the Agricultural and Food Supply Chain Act ("UTP").
EU proposes to simplify CBAM: key takeaways for Balkan companies
The European Commission has published the Omnibus package of simplification measures aimed at reducing the burden of sustainability reporting on businesses. Most of the proposed changes pertain to the Corporate Sustainability Reporting Directive (CSRD), Corporate Sustainability Due Diligence Directive (CSDDD) and EU Taxonomy system. However, Omnibus also includes significant changes to the Carbon Border Adjustment Mechanism (CBAM).
Romania one step closer to secondary FDI legislation
In an eagerly awaited development, Romania has taken a step forward in fostering more clarity on essential concepts relevant for foreign direct investment (FDI) screening, by publishing draft guidelines (the "Guidelines"), anticipated to enter into force in March 2025. While the Guidelines may not bring major surprises for practitioners who have been working in the FDI trenches since the regime came into force in April 2022, the formal codification of the authority's practice is a welcome step toward greater transparency and predictability
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.
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.
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.
Our team of eu & competition law experts advises on matters across the CEE region.
This week, we are honouring and prioritising the achievements of our female colleagues by putting their content first! Content from our other colleagues remains of course available and can be found in the authors' profiles or via the search function.