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On Nov. 12, 2021, the European Commission published its decision AT-40178 of July 8, 2021, fining BMW, Volkswagen, Audi and Porsche a total of 875 million euros for their involvement in a cartel within European Economic Area territory, upon the postponement of the introduction of techniques to clean exhaust gases generated by new diesel cars.

Daimler received full immunity for disclosing the existence of the cartel to the Commission, while the four car manufacturers previously mentioned benefited from the settlement procedure leading to a reduction of their fines. Volkswagen was fined as a direct participant and as the parent company of Audi and Porsche.

It should also be noted, with regard to fine calculation, that the European Commission applied a 20% reduction to all the car manufacturers fines, as it was the first cartel case based on the limitation of technical development under Article 101(1)(b) of the Treaty on the Functioning of the European Union.

In practice, all these car manufacturers had AdBlue technology (a liquid solution that removes some of the nitrogen oxide (NOx) from car exhaust), allowing them to reduce harmful emissions from diesel car exhaust to a level below what was legally required by the European Union.

However, the car manufacturers deliberately avoided competing with each other by not developing the full potential of this technology to make their diesel cars less harmful to the environment.

Specifically, between 2009 and 2014, the car manufacturers exchanged commercially sensitive information about this technology and agreed on the use of AdBlue tank sizes and refill ranges in their vehicles.

As a result, they deliberately reduced innovation and restricted competition on the technical features of the cars they will bring to market, at a time when managing vehicle pollution is an increasingly important concern for consumers.

With this decision, the European Commission illustrates how competition and innovation can be factors in the fight against environmental degradation and thus contribute to the implementation of the European Green Deal.

This case may give rise to actions for damages, as is currently the case for other cartels in the automotive sector, such as the Truck cartel case. But the specifics of this case, which concerns an agreement that exclusively restricted technical innovation, will raise peculiar questions about the quantification of damages if competition damages actions are effectively started.

For more information on the regime applicable to such competition damages claims in France, see our study published by the Legal 500, accessible via this link: France: Competition Litigation Country Comparative Guides (legal500.com).

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Car Emissions Case: First Sanction of an Anti-competitive Agreement on Technical Development by the European Commission - JD Supra

The world economy has made great strides in its battle with the COVID-19 pandemic for the past two years.

Vaccination of a large part of the global population has allowed economies to reopen. The International Monetary Fund (IMF) projects the global economy to grow by 5.9% in 2021 and 4.9% in 2022, far from the -3.1% recorded in 2020.

This is not to say we have beaten the virus and the ills that it has brought. Far from it.

Latest data from the World Health Organization (WHO) show that by early December 2021, there have been over 263 million confirmed cases of COVID-19 globally, with more than 5 million deaths. Every day presents new or lingering challenges.

While over 8 billion vaccine doses have been administered worldwide, divergences are widening by the day, caused by different countries unequal access to vaccines. Countries with greater financial resources and access to COVID-19 vaccines and policy support are expected to recover more quickly.

From time to time, various variants emerge, making our journey to the next normal protracted and complicated. Just as we seem to have contained the Delta variant, today the world is on guard for the spread of the Omicron variant, first detected in South Africa.

Here at home, the pandemic and pandemic-related concerns remain. Among these are COVID-19 surges, unemployment and underemployment, inflation, rising debt, and poverty. While restrictions were significantly eased last month and the economy seems to be improving from its state last year, sustained growth is still uncertain, given the emergence of new COVID-19 variants and the anticipated lockdowns to contain them.

How do we ensure the Philippine economy stays resilient amid the uncertainty?

One foolproof move seems to be the strengthening of cooperation with our long-standing economic partners, such as the European Union (EU).

There is much room for improvement here. Philippine economic growth has been traditionally consumption-led, and we believe this is an opportune time to start the shift to becoming an investment-driven economy. This will scale up the countrys role in the global supply chain as we take more meaningful efforts towards economic sustainability and addressing environmental risks.

Our think tank, the Stratbase ADR Institute, partnered with the Delegation of the European Union (EU) to the Philippines in two of the five sessions of our recently concluded Pilipinas Conference 2021. The virtual conference brought together thought leaders from the government, business sector, academe, and civil society.

The two sessions with the EU Delegation were anchored on the aim of contributing to national discussions, shaping Philippine foreign policy, and strengthening EU-Philippine cooperation, especially in terms of improving trade relations and pushing for a green economic recovery.

Dr. Ana Isabel Snchez Ruiz, the Deputy Head and Head of Political, Press and Information Section of the EU Delegation to the Philippines, emphasized the need for the Philippines to adopt reforms and policies that will lead the country toward a resilient and sustainable recovery. She noted that the Philippines is the only ASEAN country with GSP+ trade preferences with the EU clearly a competitive advantage.

We heal together and recover together. With all the challenges going on around us, let us accept efforts to create a level playing field and opportunities for industries and sectors for more players to be able to participate, to provide more choices to consumers, and to promote a sustainable approach to trade, she added.

EU-ASEAN Business Council Executive Director Chris Humphrey maintained that European companies think that ASEAN is a great place to invest in. The opportunities are massive; the market is massive. Positioned correctly, you should be making sure you are a natural choice for businesses to come and invest in, he said.

European Chamber of Commerce in the Philippines President Lars Wittig also noted that investments are seen to be much more resilient in the Philippines than in other comparable countries in the region.

Trade and Industry Secretary Ramon Lopez said sustainable development is an overarching agenda in all trade engagements of the Philippines. He welcomed closer engagement with the EU in this area, possibly through the resumption of the PH-EU Free Trade Agreement or FTA negotiations. He also underscored the need for the countrys trade and investment policies to be more people-centered and promote inclusive growth.

Maurizio Cellini, the First Counsellor and the Head of Trade and Economic Affairs of the EU Delegation to the Philippines, said it is essential to gather science, industry, and public donations to speed up the work and leverage all available resources through heightened cooperation between the EU and the Philippines. Such should help create green jobs amid a green resilient economy.

In support of this global initiative, Bangko Sentral ng Pilipinas Governor Benjamin Diokno said that the Philippine financial system is keen on integrating sustainability principles in their entire operations and in assessing their clients businesses environmental impact.

In the same vein, Department of Environment and Natural Resources Undersecretary Analiza Teh said that the Philippine government will pursue sustainable financing and the integration of sustainable production and consumption across interconnected value chains in the country.

The collective show of strategic support from a global partner like the EU, as well as assistance from government agencies and civil society, should fast track significant returns for the common good. These gains can address concerns on climate change, public health and sustainable development in the long-term.

Complex, long-standing and far-reaching issues cannot be addressed by a single player working alone. Only the collective effort of different stakeholders with nuanced perspectives and approaches can help us sustainably manage and solve these challenges.

Victor Andres Dindo C. Manhit is the president of the Stratbase ADR Institute.

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Recover faster with the European Union - BusinessWorld Online

The body representing EU member states has approved agricultural reforms that include a bit more leeway on hemp THC levels where farmer subsidies are involved.

In EU member states, hemp varieties with varying maximum levels of THC can be planted if these are authorised by national regulations. But if a farmer wants EU subsidies, the maximum permissible THC level in hemp is 0.2% currently. Such a low level narrows the varieties available to hemp farmers and increases the risk of a crop being considered hot.

But there has been some progress on this front. Last week, the European Council adopted Common Agricultural Policy (CAP) reforms. Among them was eligibility for subsidies will remain if hemp varieties registered in the official EU seed catalog are stable at less than 0.3% THC. This change followed the European Parliament voting in favour back in October last year.

The change represents a major victory for the European Industrial Hemp Association (EIHA).

This is a great day for the hemp sector and another step towards a greener future for Europe, said EIHA President Daniel Kruse. However, if compared to other countries worldwide, 0.3 % is still a low limit; for instance, Switzerland, in the heart of Europe, has a higher number, and other EU countries already work with higher limits as well.

This isnt just the case in Europe some jurisdictions, including Western Australia, have a limit of 1% giving these farmers somewhat of an edge over their subsidised EU counterparts.

EU farmers wanting to take advantage of the higher THC level permissible will need to wait for a while as the new CAP wont come into force until January 1, 2023

EIHA Managing Director Lorenza Romanese indicated there was still much work to be done for hemp to achieve its full potential in the EU.

We need to keep working together, as there are still other areas where hemp deserves to be better regulated, but we are on the right track.

The EIHA represents EU farmers, producers and traders working across all hemp sectors, including fibre, seed and cannabinoids such as cannabidiol.

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Hemp Victory In The European Union - HempGazette

Posted: Dec 8, 2021 / 07:30 AM EST / Updated: Dec 8, 2021 / 07:30 AM EST

People wearing face masks to help curbing COVID-19 virus spread wait for a train at a subway station in Lisbon, Tuesday, Dec. 7, 2021. Despite having one of the highest vaccination rates in Europe, with 86.6% of its 10.3 million people inoculated, Portugal is scaling up its pandemic response amid the emergence of the omicron variant. (AP Photo/Armando Franca)

GENEVA (AP) The World Health Organizations European region has recorded a slight drop in both COVID-19 cases and deaths last week after facing a string of weekly increases.

The U.N. health agency also noted European Center for Disease Prevention and Control figures showing that as of Monday, all the 212 confirmed cases of the omicron variant identified across 18 European Union countries up to that point had turned up asymptomatic or mild disease. WHO cautioned that its understanding of the omicron variant will continue to evolve as more data comes in about its impact.

WHO said in its weekly epidemiological released late Tuesday that the weekly number of new cases in its 53-country European region fell 2% to more than 2.6 million new cases reported over the last week with Germany and Britain recording the most and 29,000 new deaths over the period a decline of 3% from the previous week.

The incidence of cases in Europe had been rising since mid-October, WHO said.

Globally, it said case incidence plateaued over the last week with more than 4 million new cases reported, though the count of new weekly deaths rose 10% to more than 52,500. The United States had the most new weekly cases, at more than 752,000, marking a 30% jump from the figure a week earlier.

Cases shot up in Africa which has had by far the fewest cases of any of WHOs six regions so far by 79% to more than 6.3 million cases total since the beginning of the pandemic. But there were 498 deaths in the Africa region for the week, a decline of 13% from the previous week.

Overall, the Africa region has tallied more than 153,000 deaths linked to COVID-19, compared to more than 1.5 million in Europe and 2.3 million in its Americas zone, WHO said.

The counts of verified cases and death linked to the pandemic are likely to far underestimate the actual toll, officials have said.

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Follow APs pandemic coverage at https://apnews.com/hub/coronavirus-pandemic

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WHO: Weekly COVID cases dip in Europe after weeks of gains - CBS17.com

The enlargement ofthe European Union toall the Balkan countries offers anopportunity. Without agreat plan, enlargement could prove tobeafailure and fuel tensions, including military ones, writes Dario Velo, Full Professor of Pavia University.

The debate onthe enlargement ofthe European Union toinclude the Balkan countries has begun. Some European leaders have taken afirm stance infavour ofthis enlargement.

Aglance atamap ofEurope isenough toallow one tograsp how two enclaves, acluster ofBalkan countries and Switzerland, stand out within European Unions borders. Behind these anomalies are two different stories.

Switzerland isdeeply integrated into the European Union; not amember state because atthe last referendum, membership was rejected through the resolute vote offarmers fearful oflosing the privileges afforded them bythe Swiss Confederation.

The situation inthe Balkan countries isdifferent. There are historic legacies, aswell asreligious and political problems. Some Balkan states see NATO membership asanessential condition guaranteeing their defence.

Onthe other hand, itisphysiological tocomplete the enlargement, tomake the external borders valid for all the main territories within them. Existing problems and possible means ofresolving them must beanalysed with great attention.

The case ofSerbia isemblematic. Serbia isanimportant country for the Balkan Peninsula. Itrepresented aproblem, culminating inawar. Serbia can help build amore advanced order today.

Serbia has had adeep bond with Russia which has lasted centuries. The bond isreligious; the Patriarch ofMoscow isarecognised authority inSerbia, even atthe political level. The importance ofhim isnot unlike the importance that the Bishop ofRome, Pope Francis, has inmany European countries. This political link, inthe broad sense ofthe term, with Russia has been consolidated over the centuries.

The entry ofSerbia into the European Union could provide anopportunity for progress tobeachieved inrelations between the European Union and Russia.

Interms ofdefending peace, two organisations are active, NATO and OSCE. NATO isincrisis. When Turkey joined NATO, noone could have imagined the expulsion ofthe USAmbassador from the country. This has happened inrecent weeks, even ifPresident Erdogan has had tochange his mind. This isareflection ofNATOs difficulties today. Itisdifficult tosay whether the crisis isdue toTurkey, orwhether Turkey has simply seized the opportunity ofNATOs weakness bystrengthening its own sovereign authority inthe region.

This situation makes growing collaboration between NATO and the OSCE desirable. The latter isbeing called upon toplay anincreasingly important role.

Inthis context, the role that can beplayed bythe Council ofEurope, which includes Russia and Turkey, should not beunderestimated.

The entry ofSerbia into the European Union offers the opportunity for agreat agreement between the European Union, Russia and the USA.

Several solutions are possible. Some countries, which could fuel tensions asadirect consequence oftheir complex internal national composition, could become demilitarised areas. For example, Ukraine, aswell asother border countries.

Medieval history provides parallels. Inthe 9th century, during the Carolingian era, the empire was stabilised byasecurity belt, which divided present-day Germany tothe east and present-day France tothe west, soastoreduce possible friction. This security belt corresponds, approximately, tothe current states ofthe Netherlands, Belgium, Luxembourg and Switzerland. Over athousand years have passed; the story has deep roots.

This Carolingian model could bereplicated tosolve the border problems between Russia and the European Union. This solution would have tactical value, allowing the Union toinitiate ever deeper integration. This tactical solution would facilitate the strategic option ofanEconomic Union between the European Union and Russia. The ultimate goal could beaFederation reaching from the Atlantic tothe Pacific.

The enlargement ofthe European Union toall the Balkan countries offers anopportunity. Without agreat plan, enlargement could prove tobeafailure and fuel tensions, including military ones. Asalways, opportunities come with risks, which must bemanaged with foresight.

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The Enlargement of the European Union to the Balkan Countrie: An Opportunity for a Great Plan Between Russia and Europe - Valdai Discussion Club