Schoenherr Attorneys at Law updates

Privacy-related representations in M&A agreements
Schoenherr Attorneys at Law
  • IT & Internet
  • Austria
  • May 15 2018

Companies regularly store information about their customers, clients, employees, investors, partners and vendors. Privacy and data security are therefore important aspects of most M&A transactions. Although the risk of non-compliance with privacy laws may result in severe negative consequences, many M&A agreements still lack adequate privacy-related representations and warranties.

Privacy-related representations in M&A agreements
Schoenherr Attorneys at Law
  • Corporate Finance/M&A
  • Austria
  • May 09 2018

Companies regularly store information about their customers, clients, employees, investors, partners and vendors. Privacy and data security are therefore important aspects of most M&A transactions. Although the risk of non-compliance with privacy laws may result in severe negative consequences, many M&A agreements still lack adequate privacy-related representations and warranties.

Right to clean air – latest developments
Schoenherr Attorneys at Law
  • Environment & Climate Change
  • Austria
  • May 07 2018

In general, the Austrian legal system does not give individuals the right to force the legislature to act in a specific way or pass concrete laws. Normally, only political pressure can combat inaction. However, when it comes to air quality, things are different. The Austrian Higher Administrative Court has declared that individuals who live in a territory where the air pollution limits are exceeded have the right to demand that measures under the Air Immission Protection Act be enacted or amended.

Proposed amendments to gas ordinances and balancing system
Schoenherr Attorneys at Law
  • Energy & Natural Resources
  • Austria
  • May 07 2018

To comply with the applicable EU regulations, E-Control recently published draft amendments to the Gas System Charges Ordinance 2018 and the Gas Market Model Ordinance. In response to international criticism, E-Control also proposed a redesign of the Austrian gas balancing system. In order to implement these amendments in the current Austrian gas market, a proposal to establish a virtual interconnection point at Baumgarten has also been drafted.

Proposals to alter national Data Protection Act
Schoenherr Attorneys at Law
  • IT & Internet
  • Austria
  • April 24 2018

Members of Parliament recently filed an application to amend the Data Protection Act 2018 in order to clarify certain aspects which have led to confusion over the past couple of months. In addition to several provisions relating to competence, the proposed act, among other things, contains a rephrased version of the fundamental right to data protection, introduces the mandatory appointment of data protection officers and suggests enabling the matching of images with explicit consent.

Food supply chain: changes to the menu
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • April 19 2018

Following an examination by the Competition Protection Agency regarding unfair trading practices in the food supply chain, the government drafted a proposal to amend and supplement the Agriculture Act. Parliament accepted the amendment on March 22 2018 and it will enter into force on April 19 2018. Nevertheless, all of the changes in relation to the food supply chain (with the exception of fines) will apply from January 1 2019.

Use of electronic documents in employment relationships
Schoenherr Attorneys at Law
  • Employment & Benefits
  • Hungary
  • April 11 2018

With the constant development and advancement of digital technologies, the use of paper-based documents is gradually decreasing in all areas of life. This trend has inevitably affected the employment sector, as both employers and employees have an increasing need to reduce the volume of paper-based documents used in employment relationships. At the same time, the use of electronic documents has raised several practical questions.

Competition authority's first decision on unfair use of contractual advantage in food sector
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Poland
  • April 05 2018

Almost eight months after the Act on Counteracting the Unfair Use of Contractual Advantage in Trade of Agricultural and Food Products came into effect, the Office of Competition and Consumer Protection (OCCP) issued a decision regarding Cykoria SA's abusive practices. The case was closed with a commitment decision, which is unlikely to be appealed. Therefore, the courts will not provide their assessment of the OCCP's interpretation of some of the vaguer terms used in the act.

Private damages directive implemented in law
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bulgaria
  • March 15 2018

The Act for Amendment and Supplementation of the Competition Protection Act was recently promulgated in the State Gazette. The new act follows the scope of the EU Damages Directive and applies to infringements of the Competition Protection Act regarding prohibited agreements and abuse of dominance.

FMA publishes new circulars concerning PRIIPS and remuneration policies
Schoenherr Attorneys at Law
  • Insurance
  • Austria
  • March 13 2018

The Financial Market Authority (FMA) recently published a new circular concerning key information documents for packaged retail and insurance-based investment products. The FMA had already published a revised version of its circular on sound remuneration policies and practices on January 19 2018.

Unfair trading practices in food supply chain examined
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • February 08 2018

The Competition Protection Agency recently published the results of a survey on unfair trading practices in the food supply chain, which the agency conducted among suppliers of food products, including producers, purchasers, processing companies and intermediaries. Despite the small number of responses, the agency obtained some useful information on the functioning of the Slovenian food market.

Compliance and compensation in consumer protection cases: the Vodafone example
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Hungary
  • February 01 2018

A recent Hungarian Competition Authority (HCA) decision concerning Vodafone demonstrates that a reasonable cooperative approach may significantly affect the level of fine imposed on an undertaking, as the HCA reduced the fine imposed on Vodafone by more than 50% based solely on its cooperative measures. Although this case is unique, it signals that compliance and cooperation efforts which exceed the necessary legal requirements do not go unnoticed.

Procedural aspects of equal treatment claims
Schoenherr Attorneys at Law
  • Employment & Benefits
  • Hungary
  • January 31 2018

The Supreme Court recently issued a reasoned opinion on certain legal and procedural aspects of employment-related suits involving equal treatment claims. The reasoned opinion addresses, among other things, the interpretation of the burden of proof in such suits, the equal pay principle, the concept of discrimination based on other grounds and the way of hearing and deciding anti-discrimination claims in suits initiated on the grounds of unlawful dismissal.

Supreme Court provides guidance for calculating fines in resale price maintenance cases
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Poland
  • January 25 2018

In a recent antitrust judgment, the Supreme Court provided an additional explanation of its approach to calculating fines in cases of collusion concerning resale prices (ie, resale price maintenance). Further, for the first time in its judicial practice, the Supreme Court provided general remarks concerning the privilege against self-incrimination that alleged infringers may claim.

New government energy programme
Schoenherr Attorneys at Law
  • Energy & Natural Resources
  • Austria
  • January 15 2018

The new government recently presented its government programme, which sets out its framework and indicates the legislative projects that it intends to implement over the coming five years. As part of the programme, the government hopes to have 100% of the national electricity supply come from renewable sources by 2030. However, as there are no details on how this goal will be achieved, it remains to be seen what changes the energy sector will face.

Commission fines Laptop.BG for video blog content
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bulgaria
  • January 11 2018

The Commission for the Protection of Competition recently fined Laptop.BG for unfair practices in the form of contradicting genuine practices. An investigation was opened at the request of Golden Green Stone Group EOOD, the owner of online shopping brand eVarna, which claimed that a blogger had performed prohibited comparative advertising in favour of Laptop.BG, thereby damaging eVarna's reputation and consciously redirecting consumers to Laptop BG's online platforms.

Competition Council – no concentration when company takes over competitor's premises
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bosnia and Herzegovina
  • December 21 2017

The Competition Council recently took a stand regarding whether a situation in which a food retail company takes over a competitor's business premises and continues the same business activity in those premises constitutes a concentration. The council concluded that such situations should be notified as they are not considered concentrations according to the Competition Act.

Competition Authority publishes information paper on dawn raids
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Czech Republic
  • December 14 2017

The Czech Competition Authority (CCA) recently published an information paper on dawn raids during its annual competition law conference. The paper aims to provide guidance explaining the powers and privileges of CCA officials in the course of a dawn raid and a brief overview of the case law relating to dawn raids, focusing on judicial review of the legality of dawn raids carried out after the European Court of Human Rights' judgment in Delta Pekárny.

HCA uses new investigative tool under merger control regime
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Hungary
  • November 30 2017

The Hungarian Competition Authority (HCA) was recently given significant new investigative powers under the framework of its merger control duties. Should parties decide not to submit a voluntary filing when meeting the voluntary notification threshold, the HCA can initiate an investigation on its own accord and undertake a fully fledged merger control proceeding. The HCA recently announced that it has commenced its first such ex officio merger control investigation.

Incapacity to work – what can employers do?
Schoenherr Attorneys at Law
  • Employment & Benefits
  • Hungary
  • November 22 2017

Employers are often frustrated by employees' incapacity to work for health reasons, but they must act with care when addressing such situations. In an attempt to protect employee interests, legal regulations provide certain restrictions on what employers can do if an employee is unable to work for health reasons. A recent Supreme Court decision has further clarified some of these restrictions.