Tamara Capeta, Advocate General of the Court of Justice of the European Union, has given her opinion regarding the scope of the EU Foreign Direct Investment Screening Regulation. AG Capeta considers the Regulation to cover not only acquisitions by foreign (non-EU) investors, but also the acquisition of one EU undertaking by another, if the acquirer
European Union (EU)
EU Challenges China’s Anti-Suit Injunctions at the WTO
The European Union has filed a legal challenge before the World Trade Organization against China’s use of “anti-suit injunctions” (ASIs) to restrict EU holders from enforcing standard-essential patents against Chinese companies in any non-Chinese court. The EU’s request for the establishment of a WTO panel challenges Chinese court-issued ASIs as they “forbid patent holders to…
Sanctions/Export Highlights [As of April 28, 2022]
Russia Sanctions: There were limited developments this week. There has been speculation that the EU would release its sixth round of sanctions against Russia, but no updates have been reported thus far. The new package of sanctions is still expected soon. The U.S. and UK also did not expand their list of designations this…
European Commission Issues a Proposal for a Directive on Corporate Sustainability Due Diligence
On February 23, 2022, the European Commission adopted a new proposal for a directive on corporate sustainability due diligence. The proposed directive specifically focuses on corporate responsibility in global supply chains with regards to human rights – such as child and forced labor – and the environment. This proposed directive comes nearly a year after…
United States Trade Representative (USTR) Announces Replacement of Section 232 Tariffs on EU Imports with a Tariff-Rate Quota
On October 31, 2021, the Office of the United States Trade Representative (USTR) announced that the United States would be replacing the existing 25% tariff on EU steel and 10% tariff on EU aluminum under Section 232 with a tariff-rate quota (TRQ). As such, eligible products that are within the quota will be able to…
Join Us for a Crowell & Moring Webinar – Top 5 ESG Challenges and Opportunities for International Companies and Organizations
Tuesday, November 2, 2021, 11:00 am – 12:00 pm ET
Climate change is a global challenge that demands a global response. Global standards are vital in a number of areas to tackle the cross-border problems that many organizations face from forced labor issues, global initiatives, and disclosure requirements to greenwashing. Among the pressing issues are…
U.S. – EU Aim to Resolve Excess Capacity Issues and Section 232 Tariffs by the End of the Year
On June 15, 2021, the U.S. and EU announced a commitment to address steel and aluminum excess capacity issues including section 232 tariffs and retaliatory measures by the end of the year. This announcement follows the May 17th, 2021 statement from the European Commission Executive Vice President’s outlining the EU’s decision to temporarily…
U.S. and EU Agree on Framework to Resolve Large Civil Aircraft Dispute
On June 15, 2021, Unites States Trade Representative Katherine Tai and European Commission Executive Vice President Valdis Dombrovskis announced an outline to resolve the 20 year old large civil aircraft dispute and suspend tariffs on $115 billion in related products for a period of five years. The announcement follows President Biden’s first in person meetings…
The New Standard Contractual Clauses for Transfers of Personal Data from the EU
On June 4, 2021, the European Commission (EC) issued its long-awaited updated standard contractual clauses (SCCs). The publication of the SCCs is an important moment for the global business community because they allow companies to meet the requirements of the European General Data Protection Regulation (GDPR) when transferring personal data from the European Union (EU)…
European Commission Proposal on Foreign Subsidies: Towards a Globalization of EU State Aid Control?
On May 5, 2021, the European Commission unveiled a proposal for a Regulation “on foreign subsidies distorting the internal market.” This legislative initiative is aimed at remedying potential distortions of competition in the EU caused by companies receiving subsidies from non-EU governments. The proposal provides for three new regulatory tools, i.e., a mandatory filing obligation…