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Simon Hirsbrunner

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Simon Hirsbrunner is a dual-qualified Swiss and German lawyer. His practice involves EU and Swiss regulatory compliance, including advice on economic sanctions against third countries such as Iran, Libya, Syria and Russia. He has particular experience in advising banks on EU and Swiss financial sanctions. Simon is also well-known for his trade policy advice on Swiss-EU relations and he has particular industry expertise in financial services, energy and aviation. He takes a particular interest in the trade policy consequences of Brexit and has published various papers on this topic. Prior to joining Steptoe, Simon occupied various positions in public administration, including the Swiss Federal Office of Justice, the European Commission and the European Free Trade Association – EFTA, bringing more than two decades of experience in EU affairs.

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The German Federal Parliament has adopted a new Act on Corporate Due Diligence Responsibilities in Supply Chains (‘the Supply Chain Act’) on Friday, June 11, 2021, due to enter into effect on January 21, 2023.  By virtue of the Supply Chain Act, companies with a significant presence in Germany, as further explained below, must ensure compliance with human rights and environmental concerns in their business operations and impose equivalent due diligence responsibilities on their suppliers, irrespective of where they are located.

The Supply Chain Act could be of particular interest to the extractive industry, including oil and gas companies, and suppliers of the German automotive industry, but other industries will be affected as well given that the Act applies in principle across all sectors and covers both manufacturing and services, including, in principle, financial services.…

Continue Reading Germany Introduces New Human Rights and Environmental Responsibilities for Parties in B2B-Relationships

On 5 May 2021, the European Commission proposed a Regulation which lays down rules and procedures for investigating foreign subsidies that distort the EU internal market, and with a view to creating a level playing field as between EU and non-EU market actors in the Single Market (the Proposal). Following its White Paper on foreign subsidies in the Single Market published on 17 June 2020, the European Commission proposed this new instrument with the intention of filling a regulatory gap in the existing EU toolbox.  The latter already includes State aid disciplines, merger control and antitrust, public procurement and trade defense instruments.  However, none of these EU tools aim at dealing with foreign (non-EU) government subsidies provided to  foreign service providers who are active in the EU market, or with such subsidies otherwise facilitating acquisitions of EU companies or assets, or aimed at securing a competitive advantage in public contract tender procedures.

The Proposal, which lies at the intersection of competition and trade law, seeks to help implement  the updated EU Industrial Strategy.  The Industrial Strategy has as its objective  promoting a fair and competitive Single Market by ensuring the development of appropriate  conditions for European industry to thrive.…

Continue Reading EU Commission Proposed Regulation to Address Distortions Caused by Foreign Subsidies in the Single Market