Schoenherr Attorneys at Law updates

HCA's recent practice: cooperation and commitments
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Hungary
  • 20 September 2018

In recent years, the Hungarian Competition Authority (HCA) has seemingly aimed to foster cooperation between itself and market participants. Recent case law shows that the HCA strives for cooperation even when market participants allegedly commit grave infringements of the competition rules. Market participants are advised to harness this tendency and the HCA's willingness to reach decisions more efficiently.

How will new EU directive on work-life balance affect family-related leave in Hungary?
Schoenherr Attorneys at Law
  • Employment & Benefits
  • Hungary
  • 19 September 2018

The European Commission has proposed to implement a directive on work-life balance for parents and carers which aims to increase the number of dual-earning families and help women return to work, while also requiring more flexibility from employers. Should the proposed directive enter into force, it will set minimum standards regarding parental and carer leave and will thus bring about considerable change for the Hungarian employment and social systems.

Will new state targets lead to reduced environmental protection?
Schoenherr Attorneys at Law
  • Environment & Climate Change
  • Austria
  • 03 September 2018

The Constitution provides so-called 'state targets', which are broadly diversified and include state targets on sustainability. The approval procedure for the third runway at Vienna International Airport has prompted the government to strengthen Austria as a business location. This should be achieved by amending the Federal Constitutional Law on Sustainability which, among other things, contains a state target on creating comprehensive environmental protection.

Automatic permits for certain energy infrastructure projects
Schoenherr Attorneys at Law
  • Energy & Natural Resources
  • Austria
  • 03 September 2018

The proposed new Location Development Act aims to regulate a special selection procedure for individual, location-relevant projects (eg, electricity grids and power plants). While the economy rejoices over faster legal security, non-governmental organisations and lawyers have expressed doubts about the maintenance of the standard of other material laws and the legal admissibility of the government project.

Competition Protection Agency adopts commitments for Renault
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • 16 August 2018

In 2017 the Competition Protection Agency initiated proceedings against Renault. The company was suspected of treating authorised mechanics and independent mechanics differently, which gave the agency grounds to believe that Renault had abused its dominant position. In response, Renault proposed remedies in an attempt to address the agency's concerns and eliminate the alleged anti-competitive effects on the market. The agency recently closed the proceedings and accepted the commitments.

Serbian Competition Authority signs memorandum of cooperation
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Serbia
  • 09 August 2018

Influencers have been targeted by the HCA, but what about buying followers?
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Hungary
  • 05 July 2018

With the global development of the Internet, life has changed radically in just a few decades, and legislation can barely keep up. The Hungarian Competition Authority (HCA) has been monitoring developments and has not been afraid to intervene in the interests of fair competition and the protection of consumer rights. Influencers have recently been targeted by the HCA, especially regarding their promotional activity.

Decline in turnover as grounds for dismissal
Schoenherr Attorneys at Law
  • Employment & Benefits
  • Hungary
  • 27 June 2018

Hungarian law generally requires employers to justify the termination of an employment relationship, and economic grounds generally serve as valid grounds for dismissal. A recent Supreme Court case clearly shows that even when an employer has a rightful interest in dismissing certain employees for economic grounds, the justification of the dismissal must be formulated correctly in accordance with the law. Otherwise, employers may have difficulties protecting themselves in court.

Recent competition developments in merger control field
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Poland
  • 21 June 2018

Merger control is one of the Polish Office for Competition and Consumer Protection's main areas of activity, as it deals with 170 to 220 filings annually. Recent notable developments in this regard include proceedings initiated against Gazprom and its five partners involved in the financing and construction of the Nord Stream 2 gas pipeline and the unconditional approval of Cyfrowy Polsat's takeover of Netia.

The time has come: Federal Procurement Act 2018 just around the corner
Schoenherr Attorneys at Law
  • Projects & Procurement
  • Austria
  • 12 June 2018

More than four years after the entry into force of the new EU Public Procurement Directive, more than two years after the deadline for transposition and more than one year after publication of the first transposition draft, the time has come. Following the resolutions of the Council of Ministers and the Federal Council, it can be assumed that the Federal Procurement Act 2018 will enter into force by July 2018.

Privacy-related representations in M&A agreements
Schoenherr Attorneys at Law
  • IT & Internet
  • Austria
  • 15 May 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
  • 09 May 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
  • 07 May 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
  • 07 May 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
  • 24 April 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
  • 19 April 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
  • 11 April 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
  • 05 April 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
  • 15 March 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
  • 13 March 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.