Euclid Law

Lexology’s Thought Leaders 2024 rankings are out and it is great to see our expertise and hard work recognised.   Three of our lawyers have been ranked as Competition Thought Leaders, Sarah Long and Becket McGrath in London and Oliver Bretz in Belgium.   A well-deserved early ‘not so secret’ Santa. https://lnkd.in/ef9ADTr7 #lexology #thoughtleaders #competitionlaw #euclidlaw #legalrankings #london #brussels #eu #uk

Happy Friday and some good news to kickstart the weekend. A well deserved outcome! Well done Oliver Bretz and Paul McGeown!

Well done to our team and long live Euclid Law :)

A glimpse of our Euclid competition breakfast seminar on AI merger control which took place this morning. #euclidlaw #euclidbreakfastseminar #brunswick #AI #mergercontrol #cma #FNTQ

Read Becket McGrath's take on the rare judgment on online sales restrictions from the UK Competition Appeal Tribunal (CAT) in the recent Up & Running vs Deckers case. #competitionlaw #verticals #VBER #selectivedistribution #onlinesales #euclidlaw #ukcompetitionlaw #

Circular economy is the critical juncture where competition policy and sustainability converge. How can we then resolve the perceived tensions between the two and enable the circular economy? This was the topic of last week’s Swiss Association for Compliance and Competition Law (ACCL) Conference - Excellence in Compliance: Competition Law and the Circular Economy which for the very first time took place in Brussels and Euclid Law had the privilege of co-sponsoring.    We had three panels, expertly moderated by Oliver Bretz, Joachim Quoden and Karl Falkenberg which offered us thought-provoking reflections from the perspective of industry, policymaking, private practice and consulting. We also had the honour of having Belgian Secretary of State Alexia Bertrand as a keynote speaker.    The first panel discussed some of the most pressing questions on the interaction between sustainability, competition law and regulation. The move from a linear to a circular economy comes with a cost increase that has a social, political and economic dimension we need to be aware of at all times. When there is clear evidence of market failure, panellists suggested, it is legitimate to ask whether the most effective response would not be through regulation. An important question raised was how we as a society can collectively move to a place where consumers choose less.    The second panel focused on Extended Producer Responsibility (EPR). EPR engages all stakeholders across the value chain – it is fundamental to facilitating a circular economy and in the centre of that “circle” are producer responsibility organisations (PROs). The speakers reflected on what is the most suitable EPR model to address the challenge of low recycling rates – a multiple- or single-service PRO system.  The characteristics of EPR systems make it difficult to reconcile neo-classical market theory principles with the implementation of EPR obligations, one panellist suggested. A perfect competition model entails profit-seeking players and a high degree of consumer choice, but it is not a model that would bring about the most efficient outcomes in the EPR market.  More does not always mean better.     In the third panel, leading experts provided valuable contributions on how best to marry the ambition of a circular economy for all with the need to utilise the Single Market to its fullest. Regulators and industry must work together and not apart in order to achieve Europe's legislative, economic and environmental goals, not least in circularity and competitiveness. The issue of how to address the growing energy needs of Europe's industrial future lies at the heart of these discussions.   We are grateful to our partners for making this event possible – Shearwater Global, EXPRA - Extended Producer Responsibility Alliance, AGON PARTNERS #sustainability #circulareconomy #competitionlaw #extendedproducerresponsibility #recycling #greenregulation #environmentalpolicy #consumerresponsibility

The Legal 500 official rankings have been released and it would feel amiss to not share the good news.   Thank you to our amazing clients for motivating feedback and well done to our team for raising our standards and goals every year.   “Euclid Law is an independent competition boutique that clients regard as ‘wired to win.' The practice excels in both contentious and non-contentious matters, routinely handling merger control proceedings, FDI filings and investigations. The team is led by founder Oliver Bretz and Brussels-based Andrea Zulli, both highly regarded in the field. Sarah Long is recommended for her expertise in online markets and the digital economy, particularly pertaining to telecoms. Other key figures include Natalie Greenwood, who advises on a broad range of matters including cartels, mergers, joint ventures, distribution issues, behavioural antitrust and competition litigation; Gavin Robert, noted for his focus on the healthcare, natural resources, and financial services sectors; and the ’brilliant’ Marie Leppard.” Partners Becket McGrath and Michael Reiss are also listed as key lawyers. To read client testimonials and view our full profile: https://lnkd.in/eC2M_VZq

On 26 September 2024, Advocate General Collins delivered his Opinion in Case C‑254/23. The Opinion not only marks an important development for the future of Extended Producer Responsibility obligations in Slovenia, but, if followed by the ECJ, it has the potential to revolutionise the way sustainability initiatives are approached across the EU.     In March 2022, the Republic of Slovenia adopted a new Law on Environmental Protection aiming to end the country’s consistently low recycling rates - the result of years of unsatisfactory and ineffective performance of waste management tasks by competing commercial undertakings. The new Law abolishes the old system in favour of a model that confers responsibility for the fulfilment of EPR obligations for specific categories of consumer products upon a single organisation, operating on a not-for-profit basis.   The Slovene Constitutional Court has asked the ECJ to rule on the compatibility of the new EPR model with the EU rules on services of general economic interest, the internal market and EU secondary legislation. The most pertinent and politically charged question concerns the ability of the Member States to designate EPR fulfilment obligations as SGEIs with the consequence of limiting competition, to the extent necessary for the services’ performance. The answer to this question will have an impact going beyond the treatment of EPR obligations and may provide an opportunity for other environmental protection services to be designated as SGEIs.   The AG’s Opinion does a fantastic job at recognising the overriding policy objectives at play in the waste management sector. According to the AG, an organisation made responsible for the collective fulfilment of EPR obligations may be entrusted with an SGEI “where there is a legitimate public interest, such as the protection of the environment or of public health, that market forces have failed to meet adequately; the national authorities have clearly entrusted it with a public service mission by way of acts that contain adequate reasons for their adoption and it is shown to be engaged in economic activity”. That such an organisation operates on a not-for-profit basis and is vested with an exclusive right would not pose an issue, so long as these measures are introduced to ensure an adequate level of protection of the environment and public health and are proportionate.     On a broader scale, the Opinion emphasises the crucial role SGEIs may come to play in the sustainability debate. SGEIs have not been given nearly enough consideration in the ongoing discourse on the role of competition law in driving sustainability. If followed by the ECJ, the Opinion would fundamentally change the approach to sustainability initiatives across the EU, making it clear that services which genuinely serve the objective of environmental protection are so crucial for society that they are justified in being reserved as SGEIs, subject to certain conditions.

If you missed yesterday's AG Opinion on Services of General Economic Interest, come and join us for Competition law and the Circular Economy on the afternoon of 16 October at the Fondation Universitaire in Brussels. The conference is FREE thanks to our sponsors. For the AG Opinion, click here: https://lnkd.in/efC_Bim8

On 16 October 2024 the Swiss Association for Compliance and Competition Law (ACCL) will hold its first conference in Brussels on the subject of Competition Law and the Circular Economy. The conference is aimed at looking at the supposed legal tension between Competition Law and the mechanisms that enable the circular economy. The Belgian Secretary of State Alexia Bertrand has kindly agreed to give the keynote speech. Sponsors include EXPRA - Extended Producer Responsibility Alliance, Shearwater, Euclid Law and AGON PARTNERS. To register for the event, please click here: https://lnkd.in/ey5GKAYC The event program can be found below.