In our series of briefings, we recap the key milestones of the DMA implementation, deep dive into the various obligations that gatekeepers are facing, lay out the DMA’s implications for stakeholders who are not (currently) within the direct scope of the legislation and update you on the current status of affairs in the DMA’s implementation.

This time we focus on: Data related DMA obligations.

In our series of briefings, we recap the key milestones of the DMA implementation, deep dive into the various obligations that gatekeepers are facing, lay out the DMA’s implications for stakeholders who are not (currently) within the direct scope of the leg-islation and update you on the current status of affairs in the DMA’s implementation.

This time we focus on: Private enforcement of the DMA.

March 7th, 2024 has been a big date looming above the skies of Europe. Why? By tomorrow, March 7th, all core platform services, that the European Commission has designated as gatekeepers under the DMA so far, must comply with the DMA’s obligation and submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the Commission to assess the gatekeeper’s effective compliance with the DMA.

On December 12, 2023, an agreement was reached in the European Parliament on a draft of the EU Critical Raw Materials Act (CRMA), paving the way for its timely adoption. This raises the threat of further regulatory obligations for companies that produce with critical raw materials.

With the recent spate of inquiries into generative AI investments, there is no doubt that the spotlight of EU competition authorities is on one topic: generative AI. The authorities' determination for greater oversight of AI is backed by the EU's ambitious AI Act and the establishment of the EU Artificial Intelligence Office. But that's not all: with the current Call for Contribution 'Competition in Virtual Worlds and Generative AI', open until 11 March 2024, the European Commission is calling on regulatory experts to gather views on AI from a competition perspective. In other words, the EU Commission is gearing up for competition regulation of AI at EU level.

This briefing provides an overview of current antitrust topics from EU competition authorities' lens. Together with recent EU regulatory developments, these should be anticipated by generative AI model providers and their investors or partners alike.

This briefing is the first in a series of AI briefings, spotlighting current AI-related hot topics in competition law, public procurement law, trade/foreign direct investments (FDI), and ESG.

On August 9, 2023, the President of the United States, Joe Biden, signed an Executive Order on Addressing United States Investments In Certain National Security Technologies And Products In Countries Of Concern. The Executive Order is the first step towards a so-called outbound investment control, which is to complement the export control and inbound investment control of the U.S. Can the U.S. outbound investment control serve as a model for the EU?

BLOMSTEIN advised Helsing, as it did on the previous Series A financing 2021, together with YPOG on the recent Series B financing round with a total volume of EUR 209 million. BLOMSTEIN supported with regard to investment control law. A big thank you goes to Helsing as well as to the entire YPOG team for the trust placed in us!

On 17 May 2023, the European Commission has published proposals of significant reforms of the EU Customs Union, describing them as ‘the most ambitious and comprehensive reform of the EU Customs Union’ since its inception 1968. The reforms will create a data-driven vision for EU customs and simplify and enhance the customs procedures. According to the Commission’s press release, the reforms respond to the current pressures under which EU customs operates, including a huge increase in trade volumes especially in e-commerce, a fast-growing number of EU standards, unnecessarily complex customs procedures and shifting geopolitical realities and crises. The reforms are promised to make the customs framework fit for a greener, more digital era and contribute to a safer and more competitive Single Market and to reduce costs significantly. The Union Customs Code will be repealed and a new UCC introduced with a complete rearrangement of articles. The reform is awaited, as especially the national customs administrations wish for cost savings and streamlined and simple processes through digitalization.

Artificial Intelligence (AI) is advancing so quickly that experts around the world are warning against the risks of unregulated deployment. Meanwhile, the European Commission (Commission) is trying to catch up by accelerating its plans to regulate AI. After publishing its first draft of an AI Act Proposal in April 2021, the Council adopted its common position (General Approach) on 6 December 2022. Since then, the Proposal has made great strides: the committee work in the European Parliament was completed on 11 May 2023, and the Proposal was adopted already a month later with a clear majority: 499 votes in favor, 28 against and 93 abstentions. Next up will be trialogue negotiations between the European Parliament, European Commission and the Council. If this pace is maintained, the AI Act could be passed before the end of the year, which would make it the world’s first comprehensive AI law.

BLOMSTEIN assists Goodwin with regard to the foreign direct investment law aspects of Summit Partners’ sale of shares in ELATEC group. The shares will be acquired by SGT German Private Equity, a subsidiary of the renowned private equity firm SGT Capital. With a transaction value estimated at approximately EUR 400 million, the deal is expected to close later this year, pending the fulfillment of customary regulatory approvals.