Schoenherr Attorneys at Law updates

New coordinated network development plan introduced
Schoenherr Attorneys at Law
  • Energy & Natural Resources
  • Austria
  • 17 December 2018

In order to ensure that gas supplies are secure and to achieve a high level of capacity availability, the Gas Act requires the market area manager (MAM) to prepare an annual coordinated network development plan. The MAM recently submitted a draft version of the 2018 plan to E-Control. The latest plan ensures that, among other things, the supply of gas to end consumers is protected, the line capacity is considered and transport requirements are met.

Right to be heard in dawn raid
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • 13 December 2018

The European Court of Human Rights (ECHR) recently granted Produkcija Plus doo (Pro Plus) €52,500 in compensation after its right to be heard was violated during proceedings relating to a fine imposed for obstructing a dawn raid. The ECHR stated, among other things, that even though the Supreme Court had been required to review the facts on which the fine was based, the court had not heard the evidence requested by Pro Plus.

GDPR implementing legislation in Austria
Schoenherr Attorneys at Law
  • Tech, Data, Telecoms & Media
  • Austria
  • 07 December 2018

The EU General Data Protection Regulation (GDPR) has created a new understanding and awareness of data protection. Despite being a directly applicable legal act, the GDPR has created significant work for the Austrian federal legislature, which has chosen to impose it by implementing the narrow but general Data Protection Act and introducing amendments to ordinary legal acts individually. However, these amendments are essentially limited to wording adjustments and restrictions on data subjects' rights.

HCA publishes digital consumer protection strategy
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Hungary
  • 06 December 2018

The Hungarian Competition Authority (HCA) recently published a strategy paper presenting its views on consumer protection in the digital age. The paper subtly indicates that the HCA will continue to follow the European Commission's guidance in this regard. It also highlights the measures which the HCA deems necessary to protect consumers and keep up with the developments and companies central to this process.

BiH Competition Council introduces new tariffs
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bosnia and Herzegovina
  • 22 November 2018

The Bosnia and Herzegovina Competition Council will apply new tariffs as from November 2018. Among these, the most significant are the increased merger control clearance fees, which have doubled. The council took inspiration for the new tariffs from those of other regional competition authorities, including the Serbian and Montenegrin commissions.

Parliament adopts comprehensive environmental package
Schoenherr Attorneys at Law
  • Environment & Climate Change
  • Austria
  • 12 November 2018

Parliament recently adopted a new comprehensive environmental package comprising the Aarhus Participation Act, an amendment to the Environmental Impact Assessment Act and an amendment to the Federal Environmental Liability Act. With the new package, the legislature has attempted to manage the difficult act of balancing the necessary legal adaptations of administrative procedural law with EU law and creating a business environment that is nevertheless competitive.

Constitutional Court rules on Squeeze-Out Act's compatibility with Constitution
Schoenherr Attorneys at Law
  • Corporate Finance/M&A
  • Austria
  • 31 October 2018

The Constitutional Court recently ruled on whether the Squeeze-Out Act is compatible with the Constitution. The plaintiff argued that certain provisions of the Squeeze-Out Act violate the Constitution because they restrict shareholders' property rights and the principle of equality (rights enshrined in both the Constitution and the European Convention on Human Rights). However, the Constitutional Court held that this was not the case.

CPC penalises Speedy AD for failing to provide complete and accurate information
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Bulgaria
  • 25 October 2018

The Commission for the Protection of Competition (CPC) recently approved the acquisition of Rapido Express and Logistics OOD by its competitor Speedy AD. However, at the same time, the CPC penalised Speedy AD for failing to provide complete and accurate information in its concentration notification which the commission deemed materially and substantially important for evaluating the deal.

Office for the Protection of Competition gets tougher on fines for competition law infringements
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Czech Republic
  • 18 October 2018

The Office for the Protection of Competition recently adopted new guidelines on the method of setting fines for competition law infringements. The new guidelines are intended to underline the repressive and preventive function of fines. As a result, undertakings can expect higher fines for infringements of competition rules than under the previous regime.

First year of law on unfair practices in food sector – an overview
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Poland
  • 04 October 2018

One year has passed since the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade of Agricultural and Food Products entered into force. The act aimed to protect small farmers and grocery suppliers against the abuse of power by large supermarkets and chain stores. The government recently adopted an amendment to the act which will allow the Office for Competition and Consumer Protection to intervene in cases involving smaller farmers.

DPA's strict view on retention periods
Schoenherr Attorneys at Law
  • Tech, Data, Telecoms & Media
  • Austria
  • 25 September 2018

The Austrian Data Protection Authority (DPA) recently published its first decision on retention periods following the enactment of the General Data Protection Regulation. The decision is final. The DPA had to decide how long a telecoms service provider must retain so-called 'master data' – that is, data required for the controller's legal relationship with the users of its services.

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.