ERA: All courses

Recent Judgments of the General Court and the Court of Justice of the European Union in the Field of Public Procurement Law

This e-presentation examines the notable judgments of the CJEU in the field of public procurement law delivered in the period April 2022 – March 2023. In particular, it discusses several themes that can be found in recent CJEU jurisprudence: the participation of groups of undertakings in the procurement procedure; the interplay between the principle of proportionality and the goals of public procurement; the interaction of public procurement law with other fields of EU law; the requirements that should be met by the appeals submitted to the Court against a General Court judgment. In addition, the e-presentation discusses the “realist trend” of the Court of Justice and the autonomy of EU law.

e-Presentation | March 2023 | Learning time: 34 minutes

e-Presentation by Damjan Kukovec, Judge, General Court of the European Union, Luxembourg.

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Competition Law

The European Commission’s Enforcement Priorities and Future Plans

This e-presentation will present the European Commission’s latest competition policy initiatives with a focus on the evaluation of Regulation 1/2003 and the reviews of the Market Definition Notice and the Horizontal Block Exemption Regulations and Guidelines. It will also discuss recently adopted legislation such as the new Vertical Block Exemption Regulation and the Digital Markets Act.

e-Presentation | December 2022 | Learning time: 41 minutes

e-Presentation by Inge Bernaerts, Director of Directorate COMP.A: Policy & Strategy, DG Competition, European Commission, Brussels.

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European Competition Law: Update on Latest Cases of the European Commission (November 2021 – December 2022)

This e-presentation discusses the latest developments in competition law enforcement at EU level and in particular the status of the recent antitrust and merger cases of the European Commission. It provides a thorough overview of the proceedings that were closed in 2022 and on ongoing investigations, placing a special focus on the Illumina/Grail merger.

e-Presentation | December 2022 | Learning time: 35 minutes

e-Presentation by Werner Berg, Knowledge Management Counsel, Latham & Watkins LLP, Brussels.

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European Competition Law: Notable Judgments of the Court of Justice and the General Court of the EU Delivered in 2022

This e-presentation discusses the notable judgments of the Court of Justice of the EU delivered in 2022 in the field of EU competition law. In particular, it focuses on the judgments related to Gazprom’s practices on the gas markets in Central and Eastern Europe (T-616/18 and T-399/19), the Servizio (C 377/20), Qualcomm (T-235/18) and Google Android (T-604/18) judgments and the recent airfreight cartel judgments.

e-Presentation | December 2022 | Learning time: 38 minutes

e-Presentation by Tihamér Tóth, Judge, General Court of the European Union, Luxembourg.

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The Interaction between Environmental Sustainability and Competition Law

This presentation discusses the interplay between competition law and environmental sustainability and if competition policy can be used for achieving sustainability objectives. Special focus will be placed on the role of competition authorities, and whether and how they should consider sustainability in their assessment.

e-Presentation | April 2022 | Learning time: 43 minutes

e-Presentation by Ruben Maximiano, Senior Competition Expert, Competition Division, OECD, Paris.

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Sustainability Agreements under EU Competition Law: Draft Revised Guidelines on Horizontal Cooperation Agreements

This e-presentation examines in detail how sustainability considerations are addressed in the European Commission’s draft revised Guidelines on Horizontal Cooperation Agreements. The focus is placed on the chapter on sustainability agreements and how they are assessed under Article 101 TFEU.

e-Presentation | April 2022 | Learning time: 31 minutes

e-Presentation by Vera Pozzato, Policy Officer, Unit A1 – Antitrust Case Support and Policy, DG Competition, European Commission, Brussels.

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Competition Law and Sustainability – Practical Challenges for Companies

This e-presentation discusses the competition law risks faced by companies willing to engage in sustainable business practices and how they can cooperate on sustainability initiatives without breaching EU competition rules.

e-Presentation | April 2022 | Learning time: 34 minutes

e-Presentation by Michael Jürgen Werner, Partner, Norton Rose Fulbright, Brussels.

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Competition Law Enforcement and Sustainability

Workshop recording | 28 April 2021

Competition Law Enforcement and Sustainability

Main issues and practical challenges
Half-day EU Competition Law Workshop (1/2022)

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The European Commission’s Enforcement Priorities and Future Plans in the Field of EU Competition Law

This e-presentation discusses the latest initiatives undertaken by the European Commission in the field of EU competition law and the key areas it is planning to work on in the future. Special focus will be placed on the latest cartel cases and enforcement priorities.

e-Presentation | December 2021 | Learning time: 47 minutes

e-Presentation by Maria Jaspers, Director of Directorate COMP.G: Cartels, DG Competition, European Commission, Brussels.

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Digital Markets Act – Will It Change Competition Law Enforcement As We Know It?

This e-presentation discusses the impact of the Digital Markets Act (DMA) on antitrust enforcement and merger control from the point of view of the national enforcer. The e-presentation will focus on recent changes introduced into Austrian and German law and their relationship with the DMA.

e-Presentation | December 2021 | Learning time: 20 minutes

e-Presentation by Natalie Harsdorf-Borsch, Deputy Director General and Managing Director, Austrian Federal Competition Authority, Vienna.

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Recent Notable Judgments of the Court of Justice and the General Court of the European Union on EU Competition Law (2020-2021)

This e-presentation discusses the notable judgments by the Court of Justice of the EU delivered in 2020 and 2021 in the field of EU competition law. In particular, it focuses on recent cases related to Commission inspections, the relationship between EU and national competition law, the application of the ne bis in idem principle, latest Article 102 TFEU developments and private enforcement cases.

e-Presentation | December 2021 | Learning time: 50 minutes

e-Presentation by Krystyna Kowalik-Bańczyk, Judge, General Court of the European Union, Luxembourg.

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Private Enforcement of EU Competition Law: Recent Developments and Practical Issues

Workshop recording | 27 October 2021

Private Enforcement of EU Competition Law: Recent Developments and Practical Issues

The Commission’s Report on the implementation of the Damages Directive
Lessons learnt from Skanska, Cogeco, Tibor-Trans, Volvo and Others and Sumal
Quantification of damages: stages, methods and practical challenges

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Competition Law Infringements in Public Procurement Markets

Workshop recording | 21 April 2021

Competition Law Infringements in Public Procurement Markets

How to design a tender to prevent and detect bid-rigging
Common red flags in procurement
Main challenges in the investigation of collusive tendering

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Latest Developments in EU Antitrust Law

Webinar recording | 10 December 2020

Latest Developments in EU Antitrust Law

Latest policy initiatives of the European Commission
Update on recent Commission investigation
Key takeaways from recent CJEU judgments

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EU Competition Law in Times of COVID-19: Impact of the Global Crisis

Webinar recording | 13 July 2020

EU Competition Law in Times of COVID-19: Impact of the Global Crisis

Dos and don'ts for companies
Antitrust enforcement by the European Commission and NCAs
Application of State aid rules to support measures granted by Member States

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The ECN+ Directive: Practical Implications for NCAs and Businesses

Webinar recording | 4 December 2019

The ECN+ Directive: Practical Implications for NCAs and Businesses

Analysis of the provisions of the ECN+ Directive and their main objectives
Impact on the NCAs’ enforcement powers
Practical implications for undertakings

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The Right of Access to the File of the European Commission and National Competition Authorities: How to Gain Information in Competition Cases

e-Presentation | October 2014 | Learning time: 47 minutes

Yves Van Gerven

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Legitimacy before the conduct of dawn-raids

e-Presentation | November 2013 | Learning time: 48 minutes

Hein Hobbelen

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Public Procurement

Innovation Procurement

This e-presentation discusses the topic of innovation public procurement and, in particular, the Commission Guidance on Innovation Procurement adopted in June 2021. It will examine different options for innovation-friendly tools that can be used in all types of procedures to attract innovation and get benefits for both the buyer and the supplier. The main features of the specific public procurement procedures that entail the procurement of R&D services as described in the Guidance are presented, as well as some specific considerations related to IPR and State aid.

e-Presentation | March 2022 | Learning time: 33 minutes

e-Presentation by Michael Jürgen Werner, Partner, Norton Rose Fulbright, Brussels.

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The European Commission’s Latest Initiatives and Future Plans in the Field of Public Procurement

This e-presentation will discuss the latest initiatives undertaken by the European Commission in the field of public procurement and the key areas it is planning to work on in the future. Special focus will be placed on the new Guidance on socially responsible procurement and the Commission’s proposal on addressing foreign subsidies.

e-Presentation | March 2021 | Learning time: 25 minutes

e-Presentation by Katharina Knapton-Vierlich, Head of Unit (acting), C.2 Public Procurement, DG GROW, European Commission, Brussels.

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Public Procurement Post-Brexit: First Challenges and Expected Issues after the End of the Transition Period

The e-presentation will look into the practical implications of Brexit on the public procurement process in the EU and UK in the first months after the end of the transition period. Special attention is paid to the UK Government Green Paper on Procurement and the transformation of the UK public procurement regime that it has proposed.

e-Presentation | March 2021 | Learning time: 49 minutes

e-Presentation by Christopher Bovis, Professor of Business Law, Business School, University of Hull.

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The European Commission’s Public Procurement Package

e-Presentation | March 2018 | Learning time: 50 minutes

Katharina Knapton-Vierlich

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Case Law of the CJEU on Public Procurement in 2016-17

e-Presentation | March 2018 | Learning time: 45 minutes

Endre Juhász

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Die Auswirkungen der Rechtsprechung des EuGH in der Praxis

e-Presentation | March 2017 | Learning time: 21 minutes

Dr Rebecca Schäffer

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The future of the Public Procurement Remedies Directives

e-Presentation | March 2017 | Learning time: 34 minutes

Alvydas Stancikas

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Impact for Practice of Recent CJEU Case Law on Public Procurement

e-Presentation | March 2017 | Learning time: 20 minutes

Dr Albert Sánchez Graells

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Public Procurement in the Energy Sector: Legal Challenges and Best Practice

e-Presentation | March 2017 | Learning time: 29 minutes

Phillip Tepper

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Employing the Life-Cycle Costing Tool in Public Procurement

e-Presentation | March 2017 | Learning time: 31 minutes

Michael Jürgen Werner

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European public procurement law: From grave misconduct to minor technical mistakes - grounds for exclusion and how to protect oneself

e-Presentation | April 2016 | Learning time: 28 minutes

Dr Pascal Friton

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Centralised Purchasing Bodies and Public Contracts Registers: Function in Practice, Benefits and Competition Concerns

e-Presentation | April 2016 | Learning time: 43 minutes

Dr Albert Sánchez Graells

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e-Procurement: Remaining Challenges for Contracting Authorities and Bidders

e-Presentation | April 2016 | Learning time: 30 minutes

Dr Vera Eiró

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The Impact of Recent CJEU Jurisprudence on EU Public Procurement Acquis

e-Presentation | June 2015 | Learning time: 38 minutes

Prof Christopher Bovis

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Spezifische Umsetzungsprobleme: Vergabe von Konzessionen und öffentlichen Dienstleistungsaufträgen an Inhaber exklusiver Rechte / Teilnahme von Gegenseitigkeitsgesellschaften und Genossenschaften?

e-Presentation | June 2015 | Learning time: 38 minutes

Dr Marc Gabriel

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Challenges relevant to ongoing works and concessions contracts

e-Presentation | June 2015 | Learning time: 49 minutes

Michael Jürgen Werner

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The Impact of the New Concessions Directive

e-Presentation | October 2014 | Learning time: 31 minutes

Prof Christopher Bovis

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Fighting Bid-Rigging in Public Procurement: the OECD Perspective

e-Presentation | October 2014 | Learning time: 41 minutes

Antonio Capobianco

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Risk Treatment in Public-Private Partnerships and Concessions

e-Presentation | October 2013 | Learning time: 35 minutes

Prof Christopher Bovis

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Die Finanzierung von Infrastrukturinvestitionen: Sind Projektanleihen eine gute Lösung?

e-Presentation | October 2013 | Learning time: 35 minutes

Michael Jürgen Werner

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State Aid Law

Important Developments in CJEU Jurisprudence Concerning the Private Investor Principle and the Notion of “Interested Party”

This e-presentation examines important recent developments in CJEU jurisprudence concerning the private investor principle and the notion of “interested party”. In particular, it focuses on the application of the principle and on the question when the Commission must initiate a formal investigation procedure. In addition to these two topics, the e-presentation discusses the recent Micula (C-638/19 P) and Fiat (C 885/19 P and C 898/19 P) judgments.

e-Presentation | November 2022 | Learning time: 45 minutes

e-Presentation by Viktor Kreuschitz, Former Judge at the General Court of the European Union, Luxembourg.

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Delimiting the Roles of the European Commission, the EU Courts and National Courts in the Enforcement of State Aid Rules

This presentation will examine the separation of powers and tasks between the main actors enforcing EU State aid law. It will also examine the European Commission’s procedures and decision-making powers, and their interaction with national court proceedings and decisions.

e-Presentation | February 2021 | Learning time: 49 minutes

e-Presentation by Hanns Peter Nehl, Legal Secretary, General Court of the European Union, Luxembourg.

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The Procedural Framework in Recovery Actions

This e-presentation will discuss the procedural framework in State aid recovery actions. It will focus on the main sources and principles of national enforcement of State aid law and will look closely into public and private enforcement of State aid rules before the national courts.

e-Presentation | February 2021 | Learning time: 46 minutes

e-Presentation by Jacques Derenne, Partner, Sheppard Mullin, Brussels; Professor, University of Liège and Brussels School of Competition.

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2019 judgments of the Court of Justice and the General Court of the European Union in the field of State aid law

This e-presentation discusses the notable judgments by the Court of Justice of the EU delivered at the end of 2018 and in 2019 in the field of State aid law (e.g.: T-894/16 Societé Air France v. Commission, C-349/17 Eesti Pagar, C-105/18 to C-113/18 UNESA et al., and the tax ruling cases).This presentation discusses the main trends and best practices in the enforcement of State aid rules by the courts of the EU Member States and the major challenges and difficulties faced by the national judges with regard to the application of State aid rules.

e-Presentation | November 2019 | Learning time: 36 minutes

Viktor Kreuschitz

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Private Enforcement of State Aid Rules by the National Courts

This presentation discusses the main trends and best practices in the enforcement of State aid rules by the courts of the EU Member States and the major challenges and difficulties faced by the national judges with regard to the application of State aid rules.

e-Presentation | November 2019 | Learning time: 20 minutes

Bernadette Willemot-Nieuwenhuys

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Ausgleichszahlungen an Unternehmen im Zusammenhang mit Wirtschaftssanktionen – Wie steht es um die Vereinbarkeit mit dem EU-Beihilferecht?

Diese E-Präsentation befasst sich mit Kompensationszahlungen von Mitgliedstaaten an heimische Unternehmen, die Schäden aufgrund von Wirtschaftssanktionen gegen Drittstaaten ausgleichen sollen. Der Vortrag stellt zunächst Beispiele für wirtschaftliche Sanktionen dar und zeigt ihre Auswirkungen auf. Danach prüft der Referent die Vereinbarkeit solcher Kompensationszahlungen mit den aktuellen Regeln des EU-Beihilfenrechts.

e-Presentation | November 2018 | Lernzeit: 21 Minuten

Michael Jürgen Werner

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State Aid Modernisation: Where Do We Stand?

This presentation explains the results achieved in the State Aid Modernisation (SAM) process as well as the latest initiatives of the European Commission. It focuses on the application of the General Block Exemption Regulation (GBER), the new Best Practices Code, and the Commission Proposal of 6 June 2018 for a targeted amendment of the Enabling Regulation to accompany the next Multiannual Financial Framework.

e-Presentation | November 2018 | Learning time: 38 minutes

Barbara Brandtner

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Latest Jurisprudence of the CJEU and General Court on State Aid Law (2017/2018)

This presentation analyses the most notable judgments of the Court of Justice and the General Court of the EU delivered in the field of State aid law at the end of 2017 and in 2018 (e.g.: C-135/16 Georgsmarienhütte GmbH e.a., T-47/15 Germany v Commission, T-356/15 Austria v. Commission, T-554/15 and T-555/15 Hungary v Commission, C-622/16 Scuola Elementare Maria Montessori).

e-Presentation | November 2018 | Learning time: 50 minutes

Viktor Kreuschitz

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