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  31.03.2023

  Europe

  Arm­chair in­ven­ti­ons part 3: De­ci­si­on on plau­si­bi­li­ty at the EPO (G2/21)

  The issue of plausibility was previously referred to the Enlarged Board of Appeal (EBA), the highest judicial authority at the European Patent Office (EPO). Our article on the referral can be found here. The oral proceedings for G2/21 took place in Munich on 24 November 2022 and our article summarising the preliminary opinion can be found here.  The final decision has now issued – and leaves plenty of room for interpretation.Question 1: Principle of free evaluation of evidenceThe first question considered by the EBA was whether, in a case where post-published evidence is the exclusive...

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  31.03.2023

  Bulgarien

  CMS Ex­pert gui­de on Right Bid­ding vs Bid Rig­ging

  Public procurement rules and their strict observance is of key importance to ensure good quality products and services to citizens on the best possible financial and service delivery terms. An efficient competitive process in tenders can lead to lower prices, higher quality and more innovation in the supply of goods and services.Bid rigging refers to illegal agreements between participants in tenders with the aim of distorting competition in award procedures and enabling a predetermined tenderer to secure a contract while creating the impression that the procedure is genuinely competitive. Often...

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  30.03.2023

  Europe

  EU re­form of electri­ci­ty mar­ket de­sign: The Com­mis­si­on's pro­po­sed re­form of the RE­MIT Frame­work

  On 14 March 2023, the European Commission (“Commission”) published its legislative proposals to reform the EU electricity market in a two-fold way:by amending Regulation (EU) No 1227/2011 of the European Parliament and of the Council (REMIT) to enhance the toolbox available to monitor and enforce market integrity and transparency (“REMIT Proposal”), andby amending the Regulation (EU) 2019/943 (Electricity Regulation) and Directives Nos (EU) 2018/2001 (RED II) and (EU) 2019/944 (Electricity Directive) to reform the electricity market design rules.In this first article of...

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  29.03.2023

  Europe

  Off­shore Wind in Nor­way – First Round An­noun­ced

  Live-streaming from an electrical, carbon fibre catamaran, Norwegian Prime Minister Jonas Gahr Støre and Minister of Petroleum & Energy Terje Aasland announced today the long awaited first tender process for offshore wind. This first round, catering for approximately 3 GW of offshore wind, is the first step towards the Norwegian government's long-term ambition to allocate areas for 30 GW offshore wind by 2040.A number of offshore wind consortia have been established in anticipation of this first round and we expect to see fierce competition over the four project areas up for award. The...

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  28.03.2023

  Europe

  Eu­ro­pean Par­lia­ment and Coun­cil re­a­dy to start ne­go­tia­ti­ons on EU Da­ta Act – Eu­ro­pe gets clo­ser to ad­op­ting a da­ta law

  In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the EU and will, similar to the GDPR, be applicable to businesses established outside the EU. The proposed regulation contains a set of rules defining how various forms of data can be used and by whom for purposes across all economic sectors with the aim of creating a new data-agile ecosystem. While the new law will bring new opportunities, it will also create legal challenges for all actors in the...

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  24.03.2023

  International

  CMS Eu­ro­pean M&A Stu­dy 2023: Re­cord num­ber of deals last ye­ar de­s­pi­te chal­len­ging eco­no­mic back­drop

  The CMS Corporate/M&A Group is pleased to launch the 15th edition of the European M&A StudyIt has been a challenging year for M&A in view of rising inflation and interest rates, slowing growth and increased geopolitical tension, which have added up to a difficult macroeconomic environment. However, there have been plenty of deal opportunities, as demonstrated by the fact that our study covers a record 509 M&A transactions on which CMS advised in 2022. In a difficult M&A market, we are pleased with this result, which reflects the strength of our corporate offering throughout...

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