Quite unexpectedly, 2023 has proven to be a pivotal year for our trilogy on commercial offenses, considering the anticipated surge in the number of commercial cases before the national Commercial Courts attributed to the announced expeditiousness of public prosecutors. In light of such circumstances, we once again urge our readers, if they have not already done so, to check out our Chapter 1 - "A Commercial Offense – A Brief Review of an Unjustifiably Neglected Step Between a Misdemeanor and a Criminal Offense."

On February 8, 2024, the European Commission (“EC”) unveiled an updated Market Definition Notice (“the Notice”). The revision plays a crucial role in the EC’s approach to assessing mergers and antitrust cases by delineating the competitive boundaries and assessing the market power of companies.

Under the Serbian Law on Foreign Exchange Operations and its accompanying bylaws, Serbian residents have various reporting obligations towards the National Bank of Serbia (“NBS”), which is competent for controlling foreign exchange (“FX”) operations of residents and non-residents. It is not rare in practice that companies operating in Serbia are not aware of (all) such obligations, especially in the cases of first-time entrance to the market, which exposes them to potential liability for FX misdemeanours. The controls in this area are common while identified irregularities are followed by misdemeanour proceedings.

In the recent years, the Polish retail properties market went through a difficult period. The coronavirus pandemic and the related social restrictions had a major impact on the financial results of shopping malls. In addition to that, the changing consumer behaviors contributed to a massive increase in online sales. However, the years 2022 and 2023 brought a gradual improvement of the situation on the retail market and, consequently, of the overall climate for investing in real property. Furthermore, alternatives to large shopping malls, i.e. smaller retail parks, have been enjoying growing popularity on the market for several years now; these are often located closer to residential areas and in smaller cities. This sector has been growing dynamically in terms of both volume and the share in the entire retail market in Poland.

Three years after its launch, e-Justice in Bulgaria is still under construction and improvement and has not yet reached its final form.

Albania has officially implemented law no. 29/2023, dated 30.03.2023 “On Income Tax”, effective starting from 1 January 2024; repealing and replacing law no. 8438, dated 28.12.1998 “On Income Tax”, as amended. Despite successive amendments over the years, law no. 8438 is deemed outdated and inadequate in addressing the contemporary principles and methodologies associated with personal income tax and corporate income tax (the “New Income Tax Law”).

Amendments to laws and other regulations must stipulate transitional and final provisions. They regulate, among other things, the date of entry into force of the act, which is, as a rule, eight days starting from the day of its publication in the "Official Gazette of the Republic of Serbia", while in certain cases later implementation of the act or its certain provisions is foreseen.

In the context of mergers & acquisitions (M&A), Intellectual Property (IP) plays an extremely important role in assessing the value and risks associated with the target company.

Effective enforcement of competition rules in the AI world is on the horizon. Competition regulators around the world are closely monitoring the advancement of AI and the competitive landscape across various facets of AI.

In Ukraine, employee job titles should be named exclusively in accordance with the national classifier DK 003:2010 "Classifier of Professions".

A reorganisation of the authorities regulating the pharma sector and new legislative pieces have brought notable changes to the life sciences sector in Hungary.

One of the most important questions within every M&A deal is whether the transaction at hand is subject to merger clearance. The answer to said question might impact the timeline and (potentially) the successful completion of the deal itself. Up until Towercast cases (C-449/21), the analysis was straightforward by applying the clear turnover-based rules defining the applicability of the Regulation No 139/2004 (“Merger Regulation”).

For many years it has been clear for Polish entrepreneurs that there is no simple legal answer to their strong need to secure their family assets, and above all their family businesses, for future succession. Due to the lack of appropriate instruments in the Polish legal system, many national entrepreneurs were forced to use the legal institutions of other jurisdictions. This solution was highly uncomfortable because of the differences in legal regimes and foreign legal requirements that did not entirely meet the needs of domestic entrepreneurs.

In 1998, in the aftermath of the most famous class action in history, Philip Morris and three other tobacco companies had to pay a $ 206,000,000,000 settlement covering medical costs for smoking-related illnesses.

In a recent update to the VAT Act in Slovenia, notable amendments have been introduced, particularly focusing on services in the public interest. Article 42(1)(5) of the VAT Act has changed, emphasizing VAT exemptions exclusively for services provided within activities deemed in the public interest.

On 1 February 2024, the National Energy Regulatory Authority (ANRE) in Romania published for consultation an order aimed at approving new rules in the power grid connection sector.

Processing personal data through video surveillance and GPS tracking is a widespread practice that is used for a variety of purposes. Nonetheless, this is a matter that is not clearly defined by law, and there is no consensus practice that would provide guidelines for data processors on how to achieve legal compliance.

In German case law the stance was taken recently that questions on a test undertaken by a specific individual do not constitute personal data within the meaning of the General Data Protection Regulation (“GDPR”). The court’s position is that these questions, therefore, should not be included in the copy of data issued or provided in accordance with Article 15(3) of the GDPR (right to access to personal data undergoing processing).