Whereas competition law regimes around the globe struggle to find the right enforcement tools in a fast changing world, leading some jurisdictions to introduce revolutionary and highly sophisticated new intervention powers for competition authorities, Hungary is to experiment a simpler approach: an “increase of the hammer’s size”.
EU’s Foreign Subsidies Regulation Starts to Apply
The Foreign Subsidies Regulation (FSR), one of the EU’s latest state aid instruments, entered into force on January 12, 2023. Now, after six months, it starts to apply. This regulation establishes rules to govern foreign subsidies that could distort the EU’s internal market. It empowers the European Commission (“Commission”) to investigate financial contributions provided by non-EU countries to companies operating in the EU. If these contributions are found to be distortive subsidies, the Commission can enforce corrective measures to remedy these effects.
The Court of Justice of the EU: Competition Authorities May Examine Infringement of Personal Data in the Context of Monopoly Position of the Controller
In one of our previous texts (available here) we wrote about the connection between the protection of competition and protection of personal data, namely whether competition authorities may consider infringements of personal data in their investigations.
Partial Amendments Concerning Corporate Governance in Limited Liability Companies
In addition to the modernisation of corporate governance in joint stock companies (“JSCs”), the new version of the Law of Ukraine “On Joint Stock Companies” (“Law”) introduces partial amendments concerning corporate governance in limited liability companies (“LLCs”).
Busy Month in the World of Legislation: Multiple Judicial Acts Have Been Amended
Substantial changes have been introduced by Act XXXI of 2023 amending several acts on judicial matters. The new law has been passed in the beginning of June 2023, however most of its provisions enter into force at a later date.
Online Portal for Freelancers in Serbia is Launched
On 30 June 2023, the web portal for freelancers operated by the Tax Administration was launched.
Payment Services Directive 3 – Shaping the Path for Future Payments in the EU
On 28 April 2023 the European Commission ("Commission") put forth a proposal (Link) to revise Directive (EU) 2015/2366 (Payment Services Directive, "PSD2"), which was adopted on the EU level in 2015 and transposed into Austrian law by the Payment Services Act (Zahlungsdienstegesetz 2018 – ZaDiG 2018).
The Legality of SKY ECC Evidence: A Controversy Over Privacy and Fair Trials
After the roundtable discussion organized by the Lawyer's Academy of the Serbian Bar Association on the topic of SKY ECC communication as evidence in criminal proceedings on June 29, 2023, we summarize the key conclusions on an extremely relevant issue - SKY ECC hacking.
New Provisions on Private Electronic Documents from 1 January 2024
From 1 January 2024, new provisions of the act on general rules on electronic administration and trust services (“E-administration Act”) will enter into force which aim to resolve the legal uncertainty over the interpretation of the written form of private electronic documents.
New Act on the Employment of Guest Workers
The Hungarian Parliament adopted a new act on 13 June 2023 on the employment of third-country nationals. The purpose of the new regulations is to provide a transparent and unified background for the employment of guest workers coming to Hungary from outside the EU. The new act does not affect the employment of EU nationals and citizens of Ukraine and Serbia in Hungary.
Procedure for Acquisition of Ownership Right to Agricultural Lands Improved
On 2 May 2023, the Ukrainian Parliament adopted Law “On Amendments to the Laws of Ukraine Regarding Improvements of Legal Regulation of Notarial and Registration Actions When Acquiring the Land Plots” No. 3065-IX (“Law”).
Enhancing Cross-border Cooperation: A Proposed Regulation to Strengthen Data Protection Enforcement under the GDPR
On July 4, the EU Commission introduced a new Procedural Regulation aimed at enhancing cooperation among data protection authorities (“DPAs“) when enforcing the General Data Protection Regulation (“GDPR“) in cross-border cases.
Data Protection and Dominant Market Positions: Court Ruling Explores Gdpr Compliance
On July 4, 2023, the Court of Justice of the European Union (“CJEU“) pronounced a momentous judgment in Meta Platforms and Others.
New General Product Safety Regulation of the EU Enters into Force
The new General Product Safety Regulation of the EU, which has recently entered into force, was published in the Official Journal of the EU on May 23, 2023, and it shall start to apply on December 13, 2024 (“the Regulation”).
Ukraine Introduces New Law on Consumer Protection
On 5 July 2023, the President of Ukraine signed Law of Ukraine “On Consumer Protection” No. 3153‑IX (the “CP Law”). Most provisions of the CP Law will become effective one year after its publication, which is yet to be made, but not earlier than the date of termination or cancellation of martial law in Ukraine.
Can Bad Practices Tolerated by the Employer Be a Valid Ground for Dismissal in Hungary?
The Hungarian Supreme Court (the Kuria) has recently addressed an important principle related to dismissals that has long been known in labour law jurisprudence. In this article we summarize the decision and its effects.
Written Statements of Witnesses in Civil and Arbitration Proceedings
According to positive regulations in the Republic of Serbia, each party shall present the facts and propose the evidence on which it bases its request or with which it disputes the allegations and evidence of the opponent. The evidence includes all the facts relevant to making a decision. Both in civil and arbitration procedures, the most common means of evidence are documents and testimonies.
The FSR's M&A tool
The so-called M&A tool is probably the most impactful element of the Foreign Subsidies Regulation (FSR), affecting many global and even local transactions. A first read of the FSR's provisions may give the incorrect impression that the tool covers only few large transactions, but its impact may be much more significant than this. Let us take a closer look at what to keep in mind when engaging in an M&A transaction process.