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12 May 2020
Full Federal Court dismisses ACCC’s appeal against Pacific National’s intermodal terminal acquisition
The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. 1 In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially...
09 April 2020
Exploring Opportunities: Managing competition issues whilst allowing businesses to collaborate (Australia)
The COVID-19 pandemic has resulted in a rush of applications to the ACCC seeking to authorise coordination as between competitors which might otherwise contravene provisions of the Competition and Consumer Act ( CCA ) .
18 March 2020
COVID-19 People: Short guide for employers (Australia)
The COVID-19 virus is new, rapidly evolving and having a major impact on workplaces. The virus is giving rise to multitude of employment and safety-related questions in a context which has not previously been contemplated, on topics ranging from an employer’s payment obligations and dealing with...
26 February 2020
ACCC continues focus on tech and essential services as part of broad ranging priorities
The ACCC’s 2020 enforcement priorities provide an insight into its focus areas and a preview of matters that are likely to develop over the course of 2020. This year’s priorities highlight a continued focus on key consumer facing industries, with technology and essential services (such as...
06 February 2020
ECJ rules for the first time on “pay-for-delay” agreements
On 30 January 2020 the European Court of Justice (“ ECJ ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of...
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
29 May 2019
ACCC case theory terminal
Update: On 27 June 2019, the ACCC announced that it has lodged an appeal to the Full Federal Court against the Federal Court’s decision. The ACCC stated that its appeal will focus on the ability of courts to accept undertakings given the ACCC’s concerns about the ability of access undertakings to...
25 October 2018
ACCC’s challenge to Pfizer comes to the end of the road with the High Court
We have previously published an update on the Full Court decision in ACCC v Pfizer, where the Full Court dismissed an appeal by the ACCC, upholding a first instance decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive exclusive dealing in its sales and...
22 May 2018
Supreme Court ruling in the tobacco retail pricing case: OFT decision not to reimburse fines imposed on Gallaher and Somerfield was not irrational
The Supreme Court has found that the OFT (the CMA's predecessor) did not act unlawfully in failing to repay fines imposed on Gallaher and Somerfield as part of their settlement of the OFT's tobacco retail pricing investigation. This was the case despite there being: a successful appeal against the...
20 April 2018
The digital world in Asia – the advent of connected and autonomous vehicles
A number of industry sectors could be dramatically transformed as a result of the development of new connected and autonomous (CAV) technology, which has far reaching applications. As companies seek to collaborate with each other and navigate the complex legal landscape in developing the CAV world...
13 March 2018
The Digital World in Asia - new opportunities and challenges amidst a new antitrust enforcement horizon
With the onset of an increasingly digital world across the APAC region and the interest of regulators in the sector, we examine the antitrust enforcement horizon in Asia as well as the new opportunities and challenges brought about by the specific characteristics of the sector.
12 December 2017
Technology driving M&A - Data, data everywhere
Data is now one of the most valuable commodities in the world, with a market predicted to be worth US$92 billion globally by 2026. It's not surprising. Everything we do each day leaves a digital trace, capable of being collected, analysed, manipulated and sold. Most of us give up this valuable...
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24 September 2020
Webinar: Sustainability in Arbitration – Reducing the environmental impact of our disputes
Herbert Smith Freehills and the Campaign for Greener Arbitrations are delighted to invite you to attend our webinar on Sustainability in Arbitration. Environmental sustainability is not a new subject, but is one that is increasingly at the forefront of government and corporate strategy and...
18 September 2020
The Future of Consumer Series
The consumer sector is at an exciting time with the opportunities from innovation and technology, and also under constant pressure to keep pace with regulatory intervention and change; disruptive technologies; and business model adaptations. In this series of insights, we tackle a range of issues...
18 September 2020
Exploring Opportunities: Digitise to survive and thrive – Six steps to a successful digital transformation (Global)
The need to digitise has never been so relevant and important for business. Global trade has been disrupted and reshaped – the ability to ensure critical operations can continue and to rapidly adjust to a very dynamic situation has become a determiner of business survival. Only those businesses...
17 September 2020
Navigating the low price oil environment
Oil prices have recently reached historic lows. Oil companies are faced with a number of potential legal issues as low oil prices impact their trading and operational agreements. In this podcast series we consider some of the key issues triggered by the current low oil price environment, looking in...
17 September 2020
Brexit countdown: Big changes are coming on 1 January 2021 whatever happens as negotiation tensions rise
As businesses and governments around the world continue to grapple with the implications of COVID-19, Brexit is fast approaching. This time for real. Last year, as businesses awaited a potential Brexit without a deal, the difference was stark. ‘Deal’ meant entering a status quo transition period in...
16 September 2020
Webinar: Employment & IR Briefing Series 2020 - What's next? (Australia)
In this webinar briefing, our Employment, IR and Safety team discuss the most recent employment and IR issues and developments for HR practitioners and general counsel. Featuring partners drawn from each of our Australian offices, the panel canvassed the lessons and insights they have been sharing...
16 September 2020
Judgment in UK test case on insurance cover for Covid losses
The decision in the UK test case on business interruption insurance coverage related to Covid-19 was handed down last night (Australian time) and represents a significant win for policyholders. The UK Financial Conduct Authority, which brought the case on behalf of policyholders, was represented by...
16 September 2020
Governance: Corporate Insolvency and Governance Act 2020: Impact on Airline Insolvency (UK)
In July 2019, we published a briefing on the recommendations proposed by the Airline Insolvency Review’s final report, 1 which was commissioned by the UK Government to assess the existing protections available to passengers in the event of a future airline insolvency and make recommendations to...
16 September 2020
Abraham Accords signed and released and diplomatic relations commence
The leaders of the United Arab Emirates (“ UAE ”) and Israel signed an agreement in Washington yesterday, on 15 September 2020, formalising the countries’ commitment to normalise diplomatic relations. The Kingdom of Bahrain also signed a separate agreement with Israel at the same ceremony. All four...
15 September 2020
Future Cities Series: Views from our sector experts
This series examines the most pressing issues facing our cities in the post-Covid era. We have taken a cross-sector view of the legal and regulatory impacts of the pandemic and have scrutinised the key areas that are likely to be affected by it. Across each of those areas, our sector experts...
15 September 2020
Future Cities Series: Beyond Applause – Key workers in future cities
The contribution made by key workers to our cities has never been more essential – or more appreciated. Yet many of our cities are increasingly unaffordable for nurses, paramedics, teachers and police officers. The Covid‑19 pandemic may result in a renewed focus on enabling key workers to live and...
14 September 2020
Kingdom of Bahrain becomes second Gulf country to enter into peace deal with Israel
On Friday 11 September 2020 it was announced in a joint statement released by the Kingdom of Bahrain, the United States and Israel, that the Kingdom of Bahrain would enter into an agreement with Israel to establish full diplomatic relations between the two countries.
14 September 2020
Restructuring and turnaround: tax implications of financial restructurings (Germany)
Introduction Businesses are struggling. Many have lost a significant portion of their annual revenue as a result of lockdowns and other measures to prevent the spread of Covid19 during the first half of 2020.
11 September 2020
Securities class actions in England and Wales: the challenges for funders and a perspective from Australia
There are interesting contrasts between the highly dynamic securities class action markets in Australia and England and Wales. While the Australian market is more developed, there has been rapid growth in recent years in England and Wales.
