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.

Almost under the radar, the European Court of Justice (ECJ) performed a U-turn in European case law with its ruling of 30 November 2023 (C-787/22 P) on access to OLAF files. In the appeal judgement, the Court confirmed that “persons concerned” should also have the opportunity to access documents in relation to an OLAF investigation.

BLOMSTEIN has kicked-off a series of briefings on current legal topics in the defence sector. In our last briefing, we discussed our take on how to get direct awards. Today, we focus on the recent merger clearance of the German Federal Cartel Office (FCO) for the acquisition of ESG Elektroniksystem- und Logistik-GmbH by Hensoldt Holding Germany GmbH. This merger clearance underscores a pivotal moment in defence industry consolidation. The merger is set against a backdrop of geopolitical shifts and heightened defence investment. ESG's expertise as a system integrator focused on the development, integration, and support of third-party electronic systems complements Hensoldt, a leading manufacturer of defence electronics, including radars and optoelectronic systems. This briefing explores the antitrust law implications and the unique characteristics of the defence market, particularly in the context of the current geopolitical climate marked by the urgency of strengthening defence capabilities through innovation and investment and the rapid digitalization of the battlefield.

As part of its rollout of the European Economic Security Strategy adopted last year (on which we reported in a previous briefing), the European Commission (Commission) has published a package of planned initiatives aiming to enhance the EU’s economic security. The official communication highlights how the Commission views the package as a comprehensive approach to strengthen the EU’s response capacity to various risks linked to FDI into the EU, outbound investments as well research security and dual-use goods. Accordingly, the unveiled initiatives address the following areas.

As announced mid-January, BLOMSTEIN is publishing a series of briefings introducing into European and German legal defence matters. In our last briefing, we discussed our take on hot legal topics for the defence industry for the year 2024.

As part of the European Economic Security Strategy, the EU proposes a revision of the Regulation (EU) 2019/452 (Proposed Regulation). The reform is motivated by the need to enhance the protection of security and public order in the face of growing geopolitical challenges and the recognition that certain investments, which are not adequately screened under the current system, could pose risks to EU interests. Here are the key points of the reform.

As announced last week, BLOMSTEIN is publishing a series of briefings introducing into European and German legal defence matters. In preparation for the new year, our defence team got together and identified the topics that we believe will be relevant for companies in the security and defence industry in the EU and Germany in international trade law, ESG, antitrust law and public procurement law:

The Russian invasion of Ukraine has not only turned the European security architecture upside down. It has also triggered a massive and ongoing rethink of security and defence within the European Union as a whole and its Member States individually. With conflicts flaring up in the Middle East and the future of peace in the Far East uncertain, Europe now faces a host of additional challenges for its foreign and security policy, as well as controversial decisions about meaningful consequences for its internal defence and security industries. The impact will be felt not only by the EU and its Member States, but also by any defence company operating or wishing to operate in the EU market.

Seit dem 1. Januar 2023 ist das deutsche Lieferkettensorgfaltspflichtengesetz (LkSG) in Kraft. Bisher betraf es inländische Unternehmen mit mindestens 3.000 Mitarbeitenden. Ab dem 1. Januar 2024 erweitert sich der Anwendungsbereich auf Unternehmen mit mehr als 1.000 Beschäftigten. Der Kreis betroffener Unternehmen wird damit erheblich größer. Für neu betroffene Unternehmen haben wir die zentralen Pflichten des LkSG im Überblick zusammengenfasst, die unmittelbar seit Anfang Januar 2024 gelten. Außerdem geben wir einen Ausblick auf die neusten Entwicklungen zu dem geplanten EU-Lieferkettengesetz.