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In Antitrust / Competition

Switzerland: The Swiss competition authority develops best-practice guidelines after closing preliminary investigation

by , , , and 10 Mins Read

A preliminary investigation by the Secretariat of the Swiss Competition Commission into information exchanges in the Swiss labor market has found indications of collusion on employee compensation and benefits among more than 200 large companies in various sectors. While the preliminary investigation was initially limited to the banking sector, it became apparent that information exchanges on wage-related topics also occurred in other sectors. Due to the large number of parties involved, the Swiss authority decided that developing best-practice guidelines would be more effective in remedying the situation than launching an in-depth investigation into the behavior of each company. Therefore, the Swiss authority closed the preliminary investigation without opening a formal investigation and without imposing any sanctions.

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In ESG

United Kingdom: EAT confirms associative indirect discrimination claims are permitted for events prior to 1 January 2024

by , and 6 Mins Read

With effect from 1 January 2024, the government amended the Equality Act 2010 (EqA) to include associative indirect discrimination claims, with the stated aim of replicating and preserving existing EU case law. The EAT has confirmed that such claims were possible in relation to events occurring prior to 1 January too, under then-applicable principles of EU law. This means that where an employer applies a provision, criterion, or practice (PCP) which puts people with a particular protected characteristic at a disadvantage, and where the claimant also suffers that same disadvantage, the claimant does not need to have the same protected characteristic as the disadvantaged group. (BA v Rollett and Ors, EAT).

In Antitrust / Competition

United Kingdom: DMCC – Consumer protection – Spotlight on online reviews

by , and 5 Mins Read

The UK Government passed the long-awaited Digital Markets, Competition and Consumers Act (DMCC) on 24 May 2024.
The DMCC will bring radical change to the enforcement of consumer law in the UK, introducing new powers for the CMA to issue direct fines of up to 10% of global annual turnover for breaches. This spotlight series will focus on the substantive changes to consumer law introduced by the DMCC, and how it compares to the position in the EU.

In Antitrust / Competition

Italy: Italian Competition Authority – Untrue ethical boasts – Investigation launched for alleged unfair commercial practice against luxury companies

by and 2 Mins Read

The Italian Competition Authority (AGCM) has opened two investigations (PS12793 and PS12805) against two major luxury groups for alleged conduct in violation of Consumer Code rules in the promotion and sale of clothing items and accessories. According to the AGCM, in both cases, the companies may have made, in promoting their products, untrue ethical and social responsibility statements, particularly regarding working conditions and compliance with legal requirements at their suppliers.

In

Poland: New laws on whistleblowers

by 4 Mins Read

The Act on the Protection of Whistleblowers was enacted on 14 June 2024 and formally announced on 24 June 2024. It implements the EU directive on whistleblowers (2019/1937). Employers hiring at least 50 individuals as of 1 July or 1 January (or belonging to special categories regardless of headcount) must set up or adjust internal whistleblowing systems, including (i) introducing an internal whistleblowing policy, (ii) consulting on the draft policy with trade unions or employee representatives, (iii) establishing or adjusting reporting channels, (iv) appointing a unit or a person responsible for verifying the reports, and (v) maintaining a register of whistleblower reports – all in line with the new requirements.

In Employment

Luxembourg: Transparency and predictability of working conditions — Upcoming changes

by and 7 Mins Read

On 26 June 2024, the Luxembourg parliament adopted draft bill No. 8070 (“Law”). The Law aims to implement into Luxembourg law Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the EU (“Directive”).

The Directive aims to enhance transparent and predictable working conditions across the EU by mandating comprehensive employment contract information and ensuring timely communication of essential job details to employees. It seeks to improve job security and provide a clear legal framework for employment relationships.

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In Product Regulation & Liability

European Union: New provisions on medical devices and in-vitro diagnostic medical devices

by , and 2 Mins Read

On 9 July 2024, Regulation (EU) 2024/1860 amending the Medical Devices Regulation (MDR) and the In-Vitro Diagnostic Medical Devices Regulation (IVDR) was published in the Official Journal of the European Union. In particular, the new Regulation amended the provisions regarding the mandatory use of the European Medical Device Database (EUDAMED) for devices compliant with the MDR and IVDR and for legacy devices, providing for a phased implementation of the modules as they are verified and declared functional.

In Product Regulation & Liability

Italy: EMA – Plan to prevent drug shortages

by , and 1 Min Read

In a statement published on 18 June 2024, the European Medicines Agency (EMA) called on marketing authorization holders (MAHs) to adopt a Medicines Shortage Prevention Plan to reduce and prevent possible shortages and critical issues. The purpose of such a Plan is to collect information on the product, European and international marketing, supply chain vulnerabilities, measures to prevent shortages and, where appropriate, to reduce their impact on public health, and must contain appropriate measures to address shortages and mitigate their impact on patients.

In Product Regulation & Liability

Italy: Constitutional Court’s decisions on medical device payback

by , and 3 Mins Read

Following the public hearing held on 22 May 2024, on 22 July 2024, the Italian Constitutional Court issued two judgments (judgment No. 139/2024 and judgment No. 140/2024) to decide the various appeals concerning the legitimacy of medical device payback regulation, i.e., the system under which medical device companies are required to contribute to the coverage of the NHS deficit in the years 2015-2018. 

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