02 June 2020
General Court Landmark Ruling in Three/O2 Commission Prohibition
On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The...
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 ) .
01 April 2020
COVID-19: Pressure Points: The CNMC launches a whistleblowing/ enquiries tool for competition law matters related to the COVID-19 outbreak (Spain)
The CNMC bolsters its online whistleblowing hotline to pursue anticompetitive conduct in any sector, although with a special interest in the medical equipment, funeral and cremation services sectors. An enquiries platform is also launched so that operators can make competition law enquiries to the...
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...
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...
30 September 2019
ACCC’s inquiry into the supply of retail FX services – Final Report
On 2 September 2019, the ACCC released the final report of the ACCC’s inquiry into the supply of foreign currency conversion services ( FX services ) in Australia (the Report ). The ACCC concluded that Australian consumers are paying too much for FX services because of confusing, inconsistent...
25 June 2019
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again,...
26 March 2019
Accessing a deregistered policyholder’s cover, and the need to consider exclusions carefully in context
A recent case 1 in the financial services sector illustrates that: A counterparty being deregistered is not the endpoint for insurance claims. Claimants can access liability insurance policy proceeds even when the policyholder is in liquidation and deregistered. Exclusions should be carefully...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
29 May 2018
Pfizer beats the ACCC again – implications for pharma
The Full Court of the Federal Court of Australia has dismissed an appeal by the ACCC against an earlier judgment in relation to pharmaceutical company Pfizer. While the Full Court upheld the single judge decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive...
27 November 2020
Predicting the future for “green” claims: The Full Federal Court provides guidance on representations as to future matters
Marketing products as ‘environmentally friendly’ is an increasingly popular way for businesses to capture consumer attention. As the popularity of such ‘green’ marketing claims has increased, so has the ACCC’s scrutiny of these claims.
26 November 2020
The Future of Cities: Businesses stand ready to help governments unlock city investment
At the start of 2020, global investment in city projects was reaching new heights. The world’s biggest spending cities were investing in over 8,200 projects in 2019, with a combined project pipeline of US$5.3 trillion. Then the pandemic hit, followed closely by economic recession: government...
26 November 2020
Shaping the boundaries of collective redress in Germany – a glimpse of the future under an EU Representative Action Regime?
In a recent decision made on 17 November 2020, Germany’s highest civil court shaped the boundaries of collective redress available under German law. The court dismissed a claim brought against a financial institution as inadmissible because the plaintiff did not have the standing to bring the claim.
26 November 2020
Developments in UK trade negotiations. The UK-Japan Comprehensive Economic Partnership
At the end of the Brexit transition period on 31 December 2020, all of the bilateral trade agreements which are applicable to the UK benefits by virtue of its membership of the EU will cease to apply to the UK with potentially significant impact on trade between the UK and the respective partner...
26 November 2020
Workplace change for the Covid recovery
Australian Industrial Relations reforms In May 2020, the government announced its intention to introduce workplace changes to support the rebuilding of a post-Covid economy. Join our Employment, Industrial Relations and Safety team as we unpack the headlines and follow the latest developments on...
26 November 2020
Cartel Intel – updates from our EMEA network
Welcome to the our series of regular bulletins addressing key cartel enforcement developments across the EMEA region. Drawing on insights offered by market leading competition practitioners across our network of EMEA offices, we aim to highlight and provide expert analysis of developments of key...
25 November 2020
Closing the class: Uncertainties and challenges for class action settlements
Earlier this year, two decisions of the New South Wales Court of Appeal have challenged the appropriateness of what had been a standard class action procedural step known as “class closure”. This development will likely add to the complexities in resolving class action litigation, particularly...
24 November 2020
Back to basics: The Development Consent Order regime podcast series
In this series of "Back to basics" podcasts, we provide a bite-sized introduction to the nationally significant infrastructure project (NSIP) regime under the Planning Act 2008, drawing on our extensive experience advising on all key aspects of development consent orders (DCOs). Each of the five...
23 November 2020
UK EQUITY CAPITAL MARKETS IN 2020 AND H1 2021– RIDING THE WAVE
In March we wrote a piece ( here ) on considerations for listed companies seeking to raise capital in the face of the COVID-19 crisis. As we expected, the subsequent seven months has seen a raft of companies coming to market, with more money raised in equity by UK listed companies in 2020 YTD than...
20 November 2020
Award simplification – We’d like to do it, but we just can’t work out how
The Prime Minister in his address to the National Press Club on 26 May 2020 identified that the current industrial relations system was not ‘fit-for-purpose’. His solution was to get everyone ‘back in the room.’ By everyone, it turns out he meant the ‘IR Club’ – its back in business – employer...