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

Alber & Geiger assisted a US Fortune 500 chemical company to tackle the issue of illegal trade of refrigerants. For years, illegal trade of old generation refrigerants in Europe, prevented and delayed the introduction of high-end, climate friendly solutions. In parallel, the ongoing revision of the EU F-Gas Regulation was not delivering the expected results on phasing down the use of HFCs, as stricter penalties and measures to control illegal trade could only be enforced on a Member State level.

Strategy

Our team therefore embarked on a legislative initiative in Germany, which would offer a national solution that would inspired other Member States to use the German law as a blueprint. Alber & Geiger enforced a strategy which appealed to all levels of the German political institutions and administration. We supported the proposal on the level of the federal government, while in parallel gathering support at various political levels. Moving forward successfully, we managed to get our arguments through to stakeholders also in the European Union.

Results

On a first stage, Alber & Geiger supported a draft legislation which was in favor of our client’s expectations. On a second stage, our team also saw through the clearance of the German legislation from the EU Commission and inspire other Member States follow the German path. Finally, we locked the support from the German upper house and rapporteurs of the lower house, succeeding in the eventual speedy adoption of the legislation, which will be hopefully used as a blueprint solution in the EU.

Challenge

The European Commission initiated anti-dumping proceedings concerning imports of polyvinyl alcohol (PVA) originating from China. The investigation on the dumped PVA was worth more than $33 million. Solutia, a U.S. Fortune 500 firm and a Monsanto spin off, was one of the parties concerned by this investigation. Solutia relied heavily on PVA to produce polyvinyl butyral (PVB), a material used in glass, construction and auto industries. With only 5-months’ notice, Solutia sought Alber & Geiger’s help to avoid import duties on PVA.

Strategy

Alber & Geiger produced a narrative that included an understanding of the Chinese economy and the PVA market in China. Our message was strongly embedded in the European Commission’s approach to trade and competition law, while taking into account the global political consensus on Chinese PVA dumping. More concretely, we put forward arguments that the dumping was a natural consequence of China’s macro-economic situation and production pressures.

Our team demonstrated that other market factors had contributed to the EU economic injury. We argued that the European Commission had not shown a causal link between the detriments suffered by the EU market and dumped imports from China. Moreover, our message cast doubt on the way the European Commission had defined the market of PVA in light of the broader range PVA uses.

Results

Alber & Geiger’s lobbying activity led to the European Commission revising its preliminary duties decision on PVA imports. As we had argued, the European Commission concluded that there was no evidence that would link dumping and injury. The tariffs were lifted. Solutia’s profitability and position on the global market remained intact.