Challenge

Alber & Geiger was engaged by Xiaomi, the best-selling phone manufacturer in the EU to fend off against initiatives in the member states’ that could spill-over into the European Union. Our team was called in to provide strategic support, monitoring and analysis of ongoing EU policy initiatives and member states cybersecurity reports that had the potential to affect Xiaomi’s business in Europe.

Strategy

Alber & Geiger engaged on a plethora of issues, including EU-China relations, cybersecurity, right to repair, cyber resilience act, corporate sustainable due diligence, sanctions as well as the digital markets act, by providing high-end analysis and advise on content and engagement with the European Institutions, including the European Parliament and the European Commission. We also helped compile language to assist Xiaomi in addressing European Parliament concerns on the need to protect consumers from Chinese mobile phones by highlighting Xiaomi adherence to EU GDPR standards and norms.

Results

We were able to learn firsthand of ongoing EU initiatives in the Commission or in the European Parliament affecting Xiaomi, and quick to provide analysis and message to advocate vis-à-vis the institutions. Alber & Geiger addressed the concerns raised in reports, letters and policy initiatives. This approach enabled us to protect the image of Xiaomi, and its position in the European market.

Challenge

Our client, a Lottery Association, was faced with a network of monopolistic EU Member State laws and regulations that impeded the ability of its members – all private lottery operators – to exercise EU market freedoms. Alber & Geiger was enlisted to steer the developing legal framework in the field of gambling law and tear down restrictions of private lotteries in Europe. The challenge was to politically link the freedom of establishment with cross border lotteries based on the CJEU’s decisions on gambling freedom.

Strategy

The strategy was built upon the respected Opinion of our Chairman on the Gambelli case when he was a Advocate General at the CJEU. The Opinion was used as a roadmap for judicial and legislative change during this seminal mandate. It articulated the narrow circumstances where a restriction on freedom of establishment would be justifiable by general interest concerns.

The strategy was structured on all levels according to the integral components of the Opinion. It utilized the intellectual resources of our firm to co-ordinate the legislative dialogue in a direction that facilitated the creation of a EU wide free gambling market. We provided components of the machinery as well as oiling the cogs of law reform.

Results

We provided long term, fixed judicial capital for our client and legislative change. Due to the ongoing successful execution of our strategy, recent judgments of the CJEU with respect to German and Austrian gambling restrictions have been echoing the Opinion.

The CJEU now professes that in order to justify monopolistic state gambling regulations legislation must “ensure a particularly high level of protection” and a “coherent” gambling market. There must now be specific and narrow circumstances to legitimize curtailments to the freedom of establishment in the gambling market. This CJEU strategy must now be followed by the European Commission when checking EU Member States’ gambling restrictions.

Challenge

Alber & Geiger was approached by a US chemical company from South Carolina regarding the EU Renewable Energy Directive. The client was increasingly concerned about the diversion of tall oil away from the use in the chemicals sector towards energy production in transport. Tall oil being a pine tree residue from the paper mills is used in both these sectors. The Renewable Energy Directive provided special quotas and incentives for the use of tall oil as a feedstock in transportation fuels leading to price increases and creating distortions in the chemical sector, where tall oil was being used as a replacement for crude oil.

Strategy

Alber & Geiger pushed for amendments that requested to change the Renewable Energy Directive in the sense that it would remove tall oil from the positive list that was benefiting from the EU incentives. We worked with the EU Institutions to also apply the so called cascading use principle to tall oil, meaning that any recycled substance should be used as a raw material rather than for fuel purposes. We further engaged with key lawmakers and select Member States to garner support during the legislative process.

Results

We brought together other industry players and leading associations to form a strong coalition of like-minded players to show that the issue was beyond one single company. Through our engagement we made sure that the cascading use principle is now in the language of the Renewable Energy Directive.