Good things come to those who wait? – Update on “register of competition”
The idea of a nationwide “register of corruption” has haunted the German procurement law world for years. Now the German Federal Government has gone ahead: On 29 March 2017 it presented a draft bill (WRegG-E) for a law to establish a so-called “register of competition”. According to this draft bill, the register is to be established in 2020 and will replace the existing registers of the German federal states. The register will enlist different economic crimes and administrative offences. Besides administering registrations, the German Federal Cartel Office as responsible register authority will also evaluate whether a company has implemented sufficient self-cleaning measures. In this case, the company will be taken off the register and be able to participate in public procurement procedures again. Contracting authorities must consult the register (even if the relevant EU threshold is not met) before awarding a contract and are allowed to exclude companies on the basis that the company is listed on the register with a higher legal certainty. The implementation of this draft bill would have far-reaching impacts on procurement law practice in Germany.read more
BLOMSTEIN supports Humboldt Jessup Team
BLOMSTEIN proudly supports the Humboldt Jessup Team, which won the national finals of the Philip C. Jessup International Law Moot Court Competition in Passau as well as several awards (Best Memorial Runner-up Award, Best Oralist of the championship round). We wish the best of success to Louise Majetschak, Philipp Schoenberger, Moritz Schramm and Isabel Walther for the international finals in Washington D.C. in early April 2017!read more
Tighter Foreign Investment Control in Germany?
In Germany, acquisitions of companies by foreign investors are subject to investment control in certain sensitive areas. The control regime is aimed at safeguarding essential security interests and limiting foreign influence on German key industries and technologies. It varies depending on the industry concerned: A notification and clearing requirement only applies to acquisitions in the areas of certain military and IT security products. Other acquisitions in industries relevant to Germany’s public order or security are subject to voluntary notification. In such cases, companies may ask for a comfort letter from the authorities, the so-called certificate of non-objection.read more
ECJ: Interest from the Date of Payment of Duties to be Reimbursed
In a judgement on 18 January 2017 (C-365/15 – Wortmann) the ECJ stressed that Member States are obliged to pay interest on duties levied in breach of EU law from the date that these duties were paid. The ECJ thus continued its previous case law from cases Jülich II (joined cases C 113/10, C 147/10 and C 234/10), Littlewoods Retail (C-591/10) and Irimie (C-565/11) and extended it to the EU Customs Code’s scope of application. In comparison to the Court’s judgement in Jülich II, achieved under participation of BLOMSTEIN Of Counsel Hans-Joachim Prieß, in this judgement, the ECJ for the first time establishes for “circumstances such as those in the case in the main proceedings” that Article 241 Customs Code (CC) does not exclude the payment of interests – even though this provision generally exempts customs authorities from the obligation to pay interest.read more
The Award of Rescue Services: Higher Regional Court Düsseldorf submits Controversial Legal Questions to the ECJ
BLOMSTEIN appeared successfully before the Higher Regional Court (HRC) Düsseldorf for the Falck-Group. As a result, a submission to the European Court of Justice (ECJ) will finally clarify controversial and fundamental legal questions with regard to the award of rescue services. The Court’s decision on these legal questions will significantly influence the market for rescue services. The ultimate aim is to clarify whether private service providers in Germany will have a realistic chance of fair competition concerning public procurement in this market segment.read more
Words put to action: How can the EU react to a protectionist US policy?
Donald Trump’s announcement to become a president unlike any Washington has ever seen has materialised in relation to international trade and international relations: Trump wants to make America great again by means of protectionist measures. Which consequences may arise and how can the EU react?read more
Brexit & Trade: Is the UK following the “Mexican way”?
On 17 January 2017, British Prime Minister Theresa May presented her plan for the UK’s withdrawal from the EU in a speech given at Lancaster House in London (hereinafter the “Brexit plan”). May made clear that the UK seeks a free trade agreement for its future cooperation with the EU. BLOMSTEIN discussed the possible models of future cooperation between the UK and the EU in a previous post. In this contribution, we will look at the implications that the Brexit plan may have on foreign trade law.read more
Good things come to those who wait? – The German Federal Ministry of Economics and Energy submits a draft bill for a so-called “register of competition”
The idea of a nationwide “register of corruption” has haunted the German procurement law world for years. Now the German Federal Ministry of Economics and Energy has got serious: On 20 February 2017 the ministry presented a draft bill (WRegG-E) for a law to establish a so-called “register of competition” (Wettbewerbsregister). According to this draft bill, the register is to be established in 2019. Different economic crimes and administrative offences may be registered. Besides administering registrations, the responsible register authority is also tasked with evaluating whether a company has implemented sufficient self-cleaning measures and is therefore able to be delisted and to participate in public procurement procedures again. Contracting authorities must consult the register (even if the relevant EU threshold is not met) before awarding a contract and are allowed to exclude companies on the basis that the company is listed on the register with a higher legal certainty. The implementation of this draft bill would have far-reaching impacts on procurement law practice in Germany.read more
Post-Brexit: The Road Ahead for UK-EU Cooperation in Economic and Trade Policy
British Parliament approved Theresa May’s roadmap for Brexit negotiations on 7 December 2016. Under this roadmap, the UK will commence withdrawing from the EU on 31 March 2017. Article 50 TEU puts a cap of 24 months on the withdrawal process. If and how the UK and the EU will cooperate in the post-Brexit world has been the subject of much speculation.
In the following we assess these possible forms of cooperation. Further updates on Brexit’s implications on public procurement, international trade and competition law will follow.read more
End of Year Competition Law Roundup
Over the last two weeks a number of important events for the antitrust community took place. Competition officials from across Europe shared some interesting insights and outlooks on 2017 which we would like to pass on to you in order to alert you to some developments to expect.read more
Trump & Trade: Also EU companies affected by US elections
The US presidential election could – judging from the statements in President-elect Trump’s election campaign – have far-reaching effects also for European companies. According to the new President’s election campaign, his political priorities include, on the one hand, the dismantling of the Joint Comprehensive Deal of Action (JCPOA) with Iran which he has called a “disaster” and, on the other hand, a substantial increase of tariffs on imports in order to promote the US economy.read more
Increased requirements for German examinations of corporate acquisitions by Chinese investors
Last week the business press reported on difficulties in the planned purchase of German companies by Chinese investors. Pursuant to the reports, the German Federal Ministry for Economic Affairs and Energy revoked the initially granted certificate of non-objection for the acquisition of Aixtron. Moreover, the Ministry apparently also denied to issue a certificate of non-objection for the acquisition of Osram’s lamp division Ledvance.read more
7th German Energy Tax Day
On 8 and 9 of December, the Federation of German Industries (BDI) hosted the 7th German Energy Tax Day (Energiesteuertag) together with BLOMSTEIN and others. The conference took place in Berlin and offered all relevant stakeholders the opportunity to discuss current topics around energy and electricity taxes.read more
Excise Duties – ECJ Strengthens Rights of Companies with Three Important Decisions
The European Court of Justice (ECJ) has recently emphasised the importance of the general principles of EU law – in particular the principle of proportionality – for the interpretation of the excise duty directives. The fact-based and flexible interpretation is a welcome development and should lead to a limitation of the overly formal interpretation of excise duty legislation in many EU member states, based on a proper assessment of individual cases.read more
BLOMSTEIN organised Focus Day IT Procurement on Public Procurement Law Conference "Brennpunkt Vergaberecht!"
From 8 to 10 November 2016, the 20th annual EUROFORUM Conference on Public Procurement Law “Brennpunkt Vergaberecht!” took place in Düsseldorf. The conference focused on the current reform of EU/German public procurement law and its effects on public procurement in practice. Renowned experts from industry, administration, judiciary and law firms gathered to share their views on the reform and discuss topics of high practical relevance.read more
"Rising Star" Recognitions
Legal Media Group’s Expert Guides recognizes two BLOMSTEIN partners as rising stars. Roland Stein (for International Trade), for the second consecutive time, and Max Klasse (for Competition and Antitrust) have been named “Rising Stars” in the 2016 edition of the Guide to Leading Attorneys – Expert Guides.read more
No new Iran sanctions (yet)
In spite of adverse publicity on Iranian nuclear procurement activities and the Iranian rocket program in the last couple of days, a snap back of the lifted sanctions against Iran is currently not pending.read more
Competition Law Reform in Germany - Long awaited draft legislation published
The German Federal Ministry for Economic Affairs and Energy has presented its long awaited proposal for the draft legislation implementing the European Commission’s damages directive (the Directive) into German law (link). The draft legislation (the Proposal) is part of a wider reform of the German Act against Restraints of Competition (ARC), which addresses the following aspects:
- Implementation of the Directive
- Closing the so-called “sausage gap”
- Dealing with certain challenges brought about by digital transformation.
Post-Brexit: Companies on both sides of the Channel must prepare for uncertain times ahead
Aside from the political, social, cultural and economic dimensions that have been debated extensively over the past months, the vote of the British people to leave the EU will have legal implications that cannot be fully grasped yet in their full scope. Nonetheless, companies on both sides of the channel must already prepare today.read more
Competition and data
What can be inferred for the Facebook investigation from the report on competition and data co-published by the Bundeskartellamt?
The investigation of the German Federal Cartel Office (FCO) against Facebook because of suspicions that Facebook may have abused a possibly dominant position has prompted a considerable echo, not only among antitrust lawyers. The FCO is currently investigating (i) whether Facebook may have a dominant position in the market for social networks and (ii) whether it may have abused such position with its specific terms of service on the use of user data.read more
BLOMSTEIN advises Siemens AG in litigation in front of the Federal Supreme Tax Court
BLOMSTEIN has advised Siemens AG in its litigation against the main customs office Munich (HZA) in front of the Federal Supreme Tax Court.read more
Freshfields partner and former federal judge join BLOMSTEIN as Of Counsel
BLOMSTEIN is pleased to announce that Reinhart Rüsken has joined the firm and Dr. Hans-Joachim Prieß will join the firm as of 1 May 2016. Both will act as Of Counsel and assist BLOMSTEIN’s clients particularly in international trade and public procurement matters.read more
ADM succeeds in customs law proceedings before the CJEU with BLOMSTEIN
On 7 April 2016, the Court of Justice of the European Union (CJEU) confirmed the position of our client ADM in a legal dispute with the German customs authorities (case C-294/14). ADM had brought action against an import duty assessment of the Regional Customs Office of Hamburg before the Finance Court of Hamburg, which submitted the case to the CJEU for a preliminary ruling. The CJEU now confirmed ADM’s legal interpretation of EU customs laws.read more