Schoenherr Attorneys at Law updates

Managers under trade law: how will Constitutional Court rule?
Schoenherr Attorneys at Law
  • Company & Commercial
  • Austria
  • January 15 2018

The Higher Administrative Court recently requested that the Constitutional Court repeal Section 39(2) of the Trade Act, as it infringes fundamental rights guaranteed by the Constitution. Austrian legal practitioners are already eagerly awaiting this judgment, which is expected to be issued during 2018.

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.

Competition Commission sends statements of objection for abuse of dominant position
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bulgaria
  • November 02 2017

The Competition Commission recently sent statements of objection for abuse of dominant position by three electricity distribution and supply companies. According to the commission, allegations were made that the companies had traded information regarding customers switching from the regulated market to the liberal market in order to purposely stall the necessary paperwork.

Competition Commission fines Sofia Commodity Exchange for unfair competition
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bulgaria
  • October 26 2017

A recent competition breach by the Sofia Commodity Exchange AD resulted in a 0% fee for purchasers (ie, members of the exchange). The Supreme Administrative Court and the Competition Commission both held that the lack of fees had placed purchasers in a more favourable position, leading to unfair competition which contradicted good-faith practices. In addition to a fine based on the net turnover of sales, the commission ordered the immediate suspension of the exchange's breaching activities.

Competition authority adopts new approach to gathering electronic evidence during dawn raids
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Poland
  • October 12 2017

The Warsaw Court of Competition and Consumer Protection recently delivered a significant judgment regarding the collection of electronic evidence during unannounced inspections conducted by the Office for Competition and Consumer Protection. As a result, documents stored on hard drives and emails of managers and employees must now be reviewed by officials on the inspected company's premises.

Competition Authority imposes first fine for pre-implementation
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Serbia
  • October 05 2017

The Competition Authority recently launched ex officio proceedings to investigate an acquisition of sole control by Prointer IT Solutions and Services doo over Alti doo. The investigation revealed that the concentration had been carried out without merger control clearance, leading the authority to fine Prointer din6.7 million.

New outlines for water management and planning
Schoenherr Attorneys at Law
  • Environment & Climate Change
  • Austria
  • October 02 2017

The first update and review of Austria's national water management planning instrument has revealed that the objectives of the EU Water Framework Directive will be achieved neither to their full extent nor in a timely manner. Nonetheless, the National Water Management Plan 2015 is a useful and comprehensive document that contains extensive information for all stakeholders and sets out the next steps to achieve the ultimate goal of restoring Austria's water bodies.

Intragroup transfers of HR data
Schoenherr Attorneys at Law
  • Employment & Benefits
  • Hungary
  • September 20 2017

Organisations with legal entities and employees in several EU member states often try to centralise their human resources (HR) functions to some extent, which occasionally requires them to share employee and HR data within their group. Although existing Hungarian law provides a stable legal environment with clear rules for employers as data processors, there is a general feeling of uncertainty around this topic, which is partly due to the upcoming entry into force of the EU General Data Protection Regulation.

New law implementing EU Damages Directive
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Czech Republic
  • September 14 2017

With the introduction of the Damages Act, the Czech Republic has finally implemented the EU Damages Directive, which establishes common EU rights for cartel victims seeking damages. The Damages Act introduces many novelties into national law, which aim to improve the procedural status of citizens and businesses that claim compensation before the national courts for damages caused by an infringement of EU or national antitrust rules.

Beneficial Ownership Register to be introduced in Austria
Schoenherr Attorneys at Law
  • Company & Commercial
  • Austria
  • September 04 2017

Parliament recently passed a new law on the registration of beneficial owners of Austrian legal entities. After obtaining the necessary approval of the Austrian federal states, the law is expected to enter into force on January 15 2018. In disclosing the relevant information on beneficial owners, the register aims to detect and prevent money laundering, especially with regard to complex corporate structures, holding companies or private foundations and trusts.

Automotive industry again under scrutiny by Competition Protection Agency
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • August 31 2017

The Competition Protection Agency recently opened an antitrust proceeding against Renault. According to the agency, there are grounds to believe that Renault abused its dominant position on the market for the provision of technical information and technical training to authorised and independent mechanics of its vehicles. Considering that only one year has passed since the agency initiated proceedings against Hyundai Avto Trade doo, the automotive industry appears to be under scrutiny.

Legality of large retail chains' use of rebates remains dubious
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Hungary
  • August 24 2017

Following a Hungarian Competition Authority (HCA) decision that its rebate system violated the Trade Act, retail chain Spar went all the way to the Supreme Court. All judicial forums upheld the HCA's decision and the illegality of such rebates seemed to be settled. However, the Budapest Metropolitan Court recently overturned another HCA decision, which was somewhat surprising considering that the Supreme Court had already upheld the HCA's decision in the relatively similar Spar.

New rules for mismatched unbundled capacities at interconnection points
Schoenherr Attorneys at Law
  • Energy & Natural Resources
  • Austria
  • August 21 2017

E-Control recently published a draft of the amendment of the Gas Market Model Ordinance 2017. The envisaged amendment – and especially the newly implemented capacity conversion service – resolves the capacity mismatch issue by compensating network users for the economic disadvantages that arise from having to buy double capacity due to the bundling regime at interconnection points.

CPC opinion on draft act for amendment of Administrative Procedure Code
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bulgaria
  • August 17 2017

The Commission for the Protection of Competition (CPC) recently adopted an opinion on the draft act for the amendment of the Administrative Procedure Code. The CPC supports the introduction of electronic justice which, in its view, will increase the efficiency of the judiciary system and prevent unnecessary delays. However, it disagrees with the increase in state fees and the proposal that the state fee for cassation is to be defined as a percentage of the imposed penalty.

Renewable energy: amendment to Green Electricity Act doubles funding
Schoenherr Attorneys at Law
  • Energy & Natural Resources
  • Austria
  • July 24 2017

After four months of negotiations, the Austrian National Council has finally reached an agreement on the amendment of the Green Electricity Act. The required two-thirds majority was reached by a last-minute agreement between the coalition parties and the Green Party. The aim of the new legislation is to increase the percentage of green electricity and expand renewable energy in Austria.