Challenge

The Gauselmann Group, one of the largest producers and operators of games of chance in Europe, called on Alber & Geiger when faced with a number of threatening gambling regulations in Germany, Austria, Hungary, Netherlands, Romania, Serbia, Slovakia and the Czech Republic. Alber & Geiger had to convince the European Commission to make a counterintuitive political risk in confronting a powerful Member State, Germany and concurrently convince the European Commission that our interpretation would stand up to CJEU scrutiny.

Strategy

Given the limited scope of directly ascertainable EU competence, the strategy employed an abstracted analytical formula to show that the various regulations were legally incoherent. It demonstrated that the laws of the Member States contradicted their own main goals on a substantive level. It utilized the jurisprudential architecture of the CJEU in lieu of their crystallization.

The multifaceted strategy also incorporated an economic dimension. Concurrently, the same technique allowed us to demonstrate that the money laundering directive could not arbitrarily encompass all the gambling operators without distinction of risk volume and activity.

Results

Ultimately, we managed to convince the European Commission to act. Its omission to launch infringement proceedings had been rebuked. Alber & Geiger was able to safeguard fundamental liberties and freedoms by bringing EU instruments into a new field and challenging archaic but powerful structures. We were also able to hold the scope of the money laundering directive back, establishing a distinction between casinos and other gambling operators.

Challenge

Alber & Geiger assisted West Pharmaceutical, a US corporation and world market leader in medical devices, paving the way for PFAS ban exemptions for their products. The intention was to prevent disruptions in the supply of certain medical devices, where the medicinal products are inseparably connected with the devices, like it is the case with the diabetes pen or with vaccines prefilled in containers and syringes.

Strategy

Our team engaged in a multifaceted approach to safeguard the interests of the medicinal and medical devices. We provided strategic input during the consultation period with the European Chemicals Agency (ECHA), highlighting the unique needs and safety considerations of specific medical devices. This was followed by an extensive outreach to stakeholders within the European Parliament, the European Commission, and the EU member states. Our efforts focused on educating decision-makers about the indispensable role of PFAS in medicinal products and medical devices and the potential supply chain risks posed by a PFAS ban.

Results

Our advocacy efforts led to a pivotal development in the regulatory landscape on medical devices. Our targeted approach opened the door to potential derogations of several years for specific medical applications where there is substantial evidence that viable alternatives to PFAS do not exist. This ensures that essential medical devices remain available and effective, safeguarding patient care and industry stability.

Challenge

Flock, a medium sized entity, with a fledgling web-browser, reached for support in the Microsoft case. Microsoft was using its market presence to tie its web browser, Internet Explorer to its dominant client PC operating system. This led to accusations by the European Commission that it had infringed competition rules. Microsoft reacted by proposing a limit on the access of browsers with a market share higher than 0.5% by means of a ‘ballot screen’. Flock was at risk of being blocked out of the market.

Strategy

The strategy relied on turning technical and soft law instruments into political messages resonating with the European Commission’s language. It outlined that Microsoft’s solution would have amounted to an oligopoly. In doing so, it demonstrate that, by its very essence the ballot screen proposal was contrary to the European Commission’s  goal for open and competitive communications markets. We created a nexus of effective communications and activities that proved to be decisive.

Results

Alber & Geiger was able to keep its client’s innovative business services available to consumers. Microsoft consequently, had to revise its ‘ballot screen’. Its new proposed ballot screen would allow consumers to choose from a number of 12 suggested web browsers. These included Flock and other alternatives.