Latest 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.

Companies can now distribute dividends on a quarterly basis – but will they?
Schoenherr
  • Company & Commercial
  • Romania
  • 20 August 2018

Until recently, Romanian companies could distribute dividends to shareholders only on an annual basis and on approval of their annual financial statements at the end of each financial year. This paradigm has changed and companies can now opt to distribute their dividends annually or quarterly. Although these newly acquired corporate rights have been widely welcomed within the Romanian business markets, they may initially be treated with suspicion by entrepreneurs.

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.

CPC issues first decisions prohibiting concentrations
Advokatsko druzhestvo Stoyanov & Tsekova in cooperation with Schoenherr
  • Competition & Antitrust
  • Bulgaria
  • 16 August 2018

The Commission for the Protection of Competition (CPC) recently prohibited two concentrations in politically sensitive sectors (media and energy). The CPC's decisions were widely criticised for lacking valid economic arguments. Further, in both decisions the CPC limited its legal arguments to several paragraphs and failed to clarify how acquiring non-competitors (or at least non-major competitors) could strengthen the resulting group's dominant position and thus impede competition.

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

Conditional merger clearance triggers abuse of dominance proceedings
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Serbia
  • 02 August 2018

The Serbian Competition Authority has initiated ex officio antitrust proceedings against Serbia Broadband – Srpske kablovske mreže doo Belgrade on grounds of suspected abuse of dominance. This is the first case in which the authority has initiated abuse of dominance proceedings based on soft behavioural remedy (ie, the obligation to report prices).

Western Balkan Competition Forum on horizon
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Serbia
  • 26 July 2018

The Serbian Competition Authority and the European Bank for Reconstruction and Development have launched an initiative to establish a regional competition forum. The forum will include all Western Balkan states (Serbia, Bosnia and Herzegovina, Montenegro, Kosovo, Macedonia and Albania) and two EU member states (Slovenia and Croatia). The Centre for Liberal-Democratic Studies has been enlisted as a consultant to help design, implement and manage the forum's operations.

Serbian Competition Authority increases dawn raid activity
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Competition & Antitrust
  • Serbia
  • 19 July 2018

The Serbian Competition Authority has increased its dawn raid activity over the past year. Although conducting dawn raids has been a part of the authority's remit since 2009, no such raids were carried out until the end of 2015. To date, the authority has conducted dawn raids in approximately 10 of its proceedings. The majority of these raids were conducted to establish the existence of restrictive agreements.

Competition Agency assumes State Aid Commission's powers
  • Competition & Antitrust
  • Montenegro
  • 12 July 2018

The most important change introduced by recent amendments to the Competition Act is that a single authority will be responsible for protecting competition and state aid in Montenegro. As a result of Montenegro's accession to the European Union and its obligations under the Stabilisation and Association Agreement, the State Aid Commission's responsibilities will now fall within the remit of the Competition Agency.

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.

One step closer to enforcing Fourth AML Directive: changes for private companies regarding ownership transparency
  • White Collar Crime
  • Romania
  • 02 July 2018

The government recently approved a draft legislation transposing the Fourth Anti-money Laundering Directive and introducing, among other things, important changes for private companies with regard to their reporting duties and transparency of ownership. Some of the new requirements for non-listed companies are of particular importance, as they will be key for combating money laundering and terrorism financing. The bill will also introduce stricter reporting duties and penalties for non-compliance.

Competition Authority fines firm for restrictive clauses in lease agreements
Schoenherr
  • Competition & Antitrust
  • Czech Republic
  • 28 June 2018

Restrictive clauses are common in commercial lease agreements. Such clauses can limit a landlord's ability to lease property to other tenants, restrict a tenant's business activities to a certain geographical area or control the subleasing of property. Restrictive clauses in lease agreements may appear to be problem-free and reflective of the contractual freedom of the parties, which forms one of the pillars of civil law. However, when certain restrictive clauses are scrutinised, a number of issues can become apparent.

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.

CPC deems minimum hotel accommodation prices anti-competitive
Advokatsko druzhestvo Stoyanov & Tsekova in cooperation with Schoenherr
  • Competition & Antitrust
  • Bulgaria
  • 14 June 2018

The Ministry of Tourism recently proposed the introduction of minimum prices for sites categorised as 'accommodation places'. However, the Commission for Protection of Competition (CPC) opined on the proposal's compliance with competition rules. The CPC highlighted the fact that accommodation prices depend on many factors other than category, which makes it practically impossible to set a minimum price for a category that would be adequate in every case.

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.