Exclusive competence meaning

What are the practical implications of this case? The practical implications of this case are threefold. First, the Dutch courts consider EU state aid rules to extend to ECT arbitral awards even where the tribunal is seated beyond the EU. Here, Switzerland was selected as the seat. As all parties were European and proceeded on the basis that EU state aid rules bound them, the Amsterdam District Court found those rules also govern an ECT claim in arbitration outside the EU... Second, the tribunal’s conclusion that damages for an ECT breach align with the EU internal market was regarded as irrelevant by the District Court of Amsterdam, since the exclusive power to rule on state aid compatibility lies with the European Commission (and ultimately the Court of Justice)...

2025 yielded abundant SFT rulings on the reach of the Court of Arbitration for Sport’s (CAS) authority. Through two significant decisions, the SFT refined and reaffirmed how the arbitration pact operates in favour of the FIFA tribunal when set against state courts. Thus, under Article 22, para 1 (b) RSTP, FIFA’s competence is default for disputes of international dimension, yet not exclusive; parties may validly opt out or bring claims before national courts for this specific class of labour-law matters (see my notes on 4A_64/2025 and 4A_92/2025). The SFT likewise set out the admissibility bar for its scrutiny of FIFA’s jurisdiction (see my note on 4A_12/2025): the issue must be ventilated during CAS proceedings, although an explicit objection at the very start of the FIFA phase is not required (see my note on 4A_92/2025)...

In this issue: Commercial Competition and state aid Corporate Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial EU Digital Fairness Act set for early 2026, with consumer protection in focus MLex reports that, in 2026, the European Commission plans to propose the EU Digital Fairness Act (DFA), an initiative aimed at reinforcing consumer protections in the online environment. Informed by the latest Digital Fitness Check, the DFA is slated to target dark patterns, addictive design, influencer marketing, unfair practices and, potentially, online subscriptions. After wide-ranging evidence-gathering throughout 2025, MLex understands the remit could also broaden to cover dynamic pricing, with an initial draft not expected before early 2026. See News Analysis: EU Digital Fairness Act set for early 2026, with consumer protection in focus...

1. Have there been any recent developments regarding the Togolese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Togo? Competition in Togo is governed by Law No 99-011 of 28 December 1999 on the organisation of competition in Togo (the Competition Law), which omits any merger control rules. The Directorate of Domestic Trade and Competition (DCIC) serves as the country’s central administrative competition authority under the Minister of Commerce. As a member of the West African Economic and Monetary Union (Union Economique et Monétaire Ouest Africaine) (WAEMU), Togo is bound by WAEMU competition rules as set out in Directive 02/2002/CM/UEMOA (the WAEMU Regulations). WAEMU holds sole and exclusive competence for merger control throughout its member states. National bodies may lawfully oversee competition within the domestic market, flag anticompetitive behaviour, and refer any filing requesting negative clearance or an individual exception to the WAEMU Commission. Togo also belongs to the Economic Community of West African States (ECOWAS)...

The EU glossary brings together and clarifies terms regularly used in EU law. Blue economy The European Union’s blue economy covers all activities and sectors linked to oceans, seas and coastlines, whether operating directly in the marine environment (eg shipping, seafood, energy production) or on land (eg ports, shipyards, coastal infrastructures). Circular Economy Action Plan In March 2020, under the European Green Deal, the European Commission adopted a new Circular Economy Action Plan (CEAP). The CEAP seeks to: make sustainable products the norm across the EU prioritise sectors likely to be highly affected by circularity, such as construction and buildings, batteries and vehicles, water, packaging, plastics, batteries, electronics empower consumers and public procurers cut waste For further details on the CEAP, see News Analysis: New circular economy action plan published, Sustainable products and supply chains (EU Law)—overview and Practice Note: EU Environment—horizon scanner, which covers key new and upcoming EU legislation and consultations relating to waste regulation,...

This Practice Note sets out a primer on the Australian Centre for International Commercial Arbitration (ACICA) and summarises how to arbitrate under the institution’s latest arbitration rules, which became effective on 1 April 2021. It is not a comprehensive guide to ACICA arbitration, nor a replacement for closely analysing the application of the ACICA arbitration rules to your dispute. What is ACICA? ACICA is Australia’s international body for resolving disputes. Founded in 1985 as an independent, not-for-profit organisation, its purpose is to encourage and enable the efficient settlement of commercial disputes in Australia and abroad through arbitration and mediation, aiming to provide speed and neutrality of process, enforceable outcomes, and commercial confidentiality for disputing parties. ACICA is the exclusive default appointing authority with competence to carry out arbitrator appointment functions under the International Arbitration Act 1974 (Cth). The ACICA Arbitration Rules The current ACICA Arbitration Rules (the Rules) and the ACICA Expedited Arbitration Rules (the Expedited Rules) took effect on 1 April 2021. ACICA principally administers...