21 March 2019
Countdown to Brexit - Three Key Votes
With just days to go until Brexit, this week’s events in the UK Parliament may well be crucial in setting the future direction for the UK’s relationship with the EU. To try to make sense of the ongoing political turmoil, Tom Henderson , Senior Associate and member of our core Brexit team, hosted...
18 March 2019
EU competition law principles on undertakings liable for fines also apply in the context of liability for damages
In a preliminary ruling request made by the Finnish Supreme Court on the question of the relevant entities liable for damages, the Court of Justice of the EU (CJEU) held that principles applied in order to determine the relevant entities for liability for fines under Articles 101 and 102 TFEU (and...
15 March 2019
Financial Services and the WTO in the context of Brexit
The EU Financial Affairs Sub-Committee of the House of Lords held a public meeting on financial services and the World Trade Organisation (WTO) on 13 March 2019. Eric White, a Consultant in the Brussels office of Herbert Smith Freehills gave evidence to the Sub-Committee as did Dr Lorand Bartels of...
14 March 2019
Corporate Crime Update, Winter 2019
Welcome to the Winter 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, please click read more for...
12 March 2019
Latest Shake-up of the Remuneration Provisions for Banks and Investment Firms Part 2: Banks and credit institutions
After over two years of debate, agreement has finally been reached on the proposed directive amending the Capital Requirements Directive (which is generally being titled CRD5 ), and the European Council has published its final text. As detailed in our previous briefing ( Part 1 ), however, the...
11 March 2019
Latest Shake-up of the Remuneration Provisions for Banks and Investment Firms Part 1: Investment Firms
Agreement has now been reached between the European Parliament, the Commission and the Council on the final texts of two Directives which will impact on the remuneration provisions which apply to banks and investment firms. The first is the Investment Firms Directive ( IFD ), which will introduce a...
07 March 2019
Regulator's annual funding statement raises the funding bar
The Pensions Regulator has published its 2019 annual funding statement for defined benefit (DB) schemes. The statement: reflects the Regulator's tougher approach confirms the Regulator's focus on reducing the length of deficit recovery plans and requiring schemes to set a long term funding target,...
05 March 2019
EU Regulation on the screening of foreign direct investment enters into force
Today, 5 March 2019, the Council of Ministers of the EU officially endorsed legislative proposals for a Regulation to screen foreign direct investment (" FDI ") into the EU (the " Regulation "). The Council's endorsement signals the successful passing of the Regulation through the full co-...
01 March 2019
The duty to consider creditors
In high stakes restructurings, directors can be under significant pressure from different parts of the capital structure to take (or refrain from taking) certain actions. It is critical that the board understands whether it owes duties to members or creditors (or both). For such an important issue...
26 February 2019
CAT upholds fine imposed on Electro Rent for breach of interim order – enforcement in gun jumping cases remains a priority
On 11 February 2019 the Competition Appeal Tribunal (CAT) upheld the CMA's first infringement decision for breach of an interim order imposed on a completed merger under investigation. Electro Rent had served a break notice on the lease of its UK premises without first seeking the CMA's consent and...
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21 March 2019
Countdown to Brexit - Three Key Votes
With just days to go until Brexit, this week’s events in the UK Parliament may well be crucial in setting the future direction for the UK’s relationship with the EU. To try to make sense of the ongoing political turmoil, Tom Henderson , Senior Associate and member of our core Brexit team, hosted...
20 March 2019
Developing Green Hydrogen projects
In the lead up to this year’s federal election, both of Australia’s major political parties have released announcements regarding the establishment of an Australian hydrogen industry. A key focus of these announcements is the commitment to investing in ‘green’ hydrogen technologies, which through a...
19 March 2019
Superannuation Fund Governance Post-Hayne: Part Two
Conduct and Culture The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was charged with inquiring into, and reporting on, ‘whether any conduct of financial services entities might have amounted to misconduct and whether any conduct, practices,...
19 March 2019
Japan-Australia M&A: Review and Trends (2017–2019)
Japanese direct investment into Australia has increased markedly in its scale and diversity in the last 10 years and is now second only to the United States. During 2017-2018, there were 68 Australian M&A deals involving Japanese companies.
18 March 2019
EU competition law principles on undertakings liable for fines also apply in the context of liability for damages
In a preliminary ruling request made by the Finnish Supreme Court on the question of the relevant entities liable for damages, the Court of Justice of the EU (CJEU) held that principles applied in order to determine the relevant entities for liability for fines under Articles 101 and 102 TFEU (and...
18 March 2019
Mining Charter III: certainty, but at a cost
The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 ( Mining Charter III or the Charter )1 came into force on Friday, 1 March 2019 - almost three years after the publication of the first draft.2 This brought to a close nearly three years of uncertainty and...
15 March 2019
Financial Services and the WTO in the context of Brexit
The EU Financial Affairs Sub-Committee of the House of Lords held a public meeting on financial services and the World Trade Organisation (WTO) on 13 March 2019. Eric White, a Consultant in the Brussels office of Herbert Smith Freehills gave evidence to the Sub-Committee as did Dr Lorand Bartels of...
