Herbert Smith Freehills (London)

Morris Schonberg

Herbert Smith Freehills (London)
Senior Associate

Morris is a Senior Associate in the Herbert Smith Freehills Competition, Regulation and Trade group, based in Brussels. Morris is a competition and international trade lawyer, with particular expertise in EU and UK antitrust, State aid and WTO law. He has significant experience in a number of sectors, including energy, fast moving consumer goods, financial services, telecoms, transport and logistics. Morris has represented clients before the EU and UK competition and regulatory authorities, and in litigation before the EU courts and at the WTO.


Auteurs associés

Herbert Smith Freehills (Melbourne)
Herbert Smith Freehills (London)
Herbert Smith Freehills (Johannesburg)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)


5457 Bulletin

Lode Van Den Hende, Kyriakos Fountoukakos, Morris Schonberg The EU Commission adopts the Implementation Regulation and Notification Forms for reporting transactions and public bids under the Foreign Subsidies Regulation


Three intervention tools The FSR is a new EU regulatory regime that is essentially intended to “level the playing field” between EU operators and their competitors from non-EU Member States which are not subject to EU State aid rules and are consequently able to provide their companies with (...)

Kyriakos Fountoukakos, Daniel Vowden, Kristien Geeurickx, Marcel Nuys, Susan Black, Morris Schonberg, Florian Huerkamp The EU Commission adopts its revised Guidelines on horizontal cooperation agreements and Horizontal Block Exemption Regulations on R&D and Specialisation Agreements


On 1 June 2023 the European Commission adopted its revised guidelines on horizontal cooperation agreements (Guidelines) together with its revised horizontal block exemption Regulations on R&D and Specialisation Agreements. For an overview of the revised Guidelines see our blog post here. (...)

Susan Black, Kristien Geeurickx, Morris Schonberg The UK Competition Authority publishes draft guidance on sustainability agreements to provide greater certainty for businesses on how competition rules apply to agreements aimed at achieving environmental and sustainability goals


On 28 February the CMA published its long-awaited draft guidance on sustainability agreements, setting out the circumstances under which collaboration between competitors aimed at protecting or enhancing sustainability may be compatible with competition law. The aim of the guidance is to (...)

Kyriakos Fountoukakos, Lode Van Den Hende, Morris Schonberg The EU Council adopts the Foreign Subsidies Regulation and the EU Commission schedules publication of the draft implementing regulation for the start of 2023


The EU has now formally adopted its new Foreign Subsidies Regulation (“FSR”), which will start to apply from mid-2023. The European Commission will shortly be publishing a draft Implementing Regulation, which will set out what must be included in notifications under the FSR and further (...)

Kyriakos Fountoukakos, Lode Van Den Hende, Morris Schonberg The EU Commission reaches agreement on foreign subsidies regulation with the new regime scheduled to enter into force in 2023


The EU has reached political agreement in relation to the much-anticipated foreign subsidies regulation (the “Regulation”), which should become operational next year. The Regulation essentially creates a new subsidy control regime for third country subsidies affecting the EU market and has the (...)

Stephen Wisking, Tim Briggs, Lode Van Den Hende, Morris Schonberg The UK Government publishes a consultation on how to define “subsidies of interest” and “subsidies of particular interest” under the new national subsidy control regime


On 25 March 2022, the UK Government published a consultation on how “subsidies of interest” and “subsidies of particular interest” are to be defined under the UK’s new subsidy control regime. These concepts are fundamental, as they determine which subsidies are to be referred to the UK’s (...)

Kyriakos Fountoukakos, Lode Van Den Hende, Daniel Vowden, Eric White, Adrian Brown, Morris Schonberg The EU Commission issues its regulatory proposal containing novel measures to tackle foreign subsidies distorting the EU market


On 5 May 2021, the European Commission (Commission) issued its proposal for a Regulation on foreign subsidies distorting the EU market. This follows on from the Commission’s White Paper issued in June 2020 and the extensive public consultation that ensued. The primary objective of this (...)

Tim Briggs, Lode Van Den Hende, Mark Jephcott, Eric White, Morris Schonberg The UK Government and the EU Commission issue a trade and cooperation agreement clarifying the subsidy control regime following the end of the Brexit transition period


The EU State aid regime in its current form ceased to be applicable in the UK as at the end of 31 December 2020, when the Brexit transition period expired. Going forward, State aid or “subsidy control” in the UK will be based on the subsidy control chapter under the UK-EU Trade and (...)

Axel P. Schulz, Morris Schonberg The EU General Court confirms that when a wholly owned subsidiary is sold to a new owner, that subsidiary and the previous owner remain jointly and severally liable for any competition law infringement that the subsidiary committed before the sale (Areva / Alstom)


In a judgment delivered on 3 March 2011 in Cases T-117/07 Areva v European Commission and T-121/07 Alstom v European Commission, the General Court of the European Union (the ‘Court’) the Court confirmed the general rule that when a wholly-owned subsidiary that has infringed competition law is (...)

Morris Schonberg The English High Court clarifies approach to be taken when considering striking out competition law claims (Sel-Imperial Limited / The British Standards Institution)


With the jurisdiction of England and Wales becoming an increasingly popular forum for competition law claims, potential litigants continue to observe with interest how the peculiarities of English civil procedure will be applied in the competition law context. This case concerned the English (...)


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