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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...
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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.
