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News

Since March 7th, all core platform services designated by the European Commission (EC) as gatekeepers under the DMA must comply with the DMA’s obligations and submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the EC to assess effective compliance with the DMA.

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 on: Tying and bundling provisions under the DMA.

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Since March 7th, all core platform services designated by the European Commission (EC) as gatekeepers under the DMA must comply with the DMA’s obligations and submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the EC to assess effective compliance with the DMA.

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: Anti-steering measures under the DMA

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Since March 7th, all core platform services that the European Commission has designated as gatekeepers under the Digital Markets Act (DMA) so far, must comply with the DMA’s obligations and had to submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the European Commission to assess the gatekeeper’s effective compliance with the DMA.

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: The prohibition of parity clauses.

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Together with the Berlin Chamber of Architects, BLOMSTEIN is promoting a more competition-friendly public procurement of architectural and planning services in Berlin since 2020.

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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 the far-reaching impact CBAM will have on the defence industry in Europe.

"Faster, more effective and less bureaucratic" is the motto proclaimed by German Defence Minister Boris Pistorius when outlining his goals for defence procurement. One method – the so-called “direct award” – has always been an attractive option for contracting authorities interested in accelerating its procurement. Companies covet such awards because they avoid complicated and time-consuming procedures. On the other hand, those businesses that come away empty-handed often seek a way to challenge the legality of direct awards. This briefing will give an introduction to the strict conditions under which the law allows contracting authorities in Europe and Germany in particular to dispense with competitive tendering, and the particularities of the remedies available to competitors.

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Since March 7th, all core platform services that the European Commission has designated as gatekeepers under the Digital Markets Act (DMA) so far, must comply with the DMA’s obligations and had to submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the European Commission to assess the gatekeeper’s effective compliance with the DMA.

read more

Since March 7th, all core platform services that the European Commission has designated as gatekeepers under the Digital Markets Act (DMA) so far, must comply with the DMA’s obligations and had to submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the European Commission to assess the gatekeeper’s effective compliance with the DMA.

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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.

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A popular way for contracting authorities to avoid a time-consuming and costly award procedure is a so-called direct award. In such a procedure, contracting authorities decide in favour of a supplier without publishing a tender. If a direct award is unlawful, affected competitors often lack legal protection in the absence of timely knowledge of an infringement. What many do not know is that, even if the deadline for a review procedure under public procurement law has expired, there are still opportunities to take action against illegal direct awards.

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Since 12 October 2023, the notification obligations under the EU’s new Foreign Subsidies Regulation (FSR) have been in force. Meanwhile, a number of cases were notified to the European Commission (Commission) and practical experience gathered. The Commission has recently announced its first in-depth investigation concerning a Chinese railway company. This case shows that the Commission is determined to use its new powers under the FSR. This briefing summarizes once again companies' obligations pursuant to the FSR and provides some practical guidance from the first months of application.

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