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04 August 2022
Cartel Intel: Interview with Ashley Brickles, Senior Managing Director at FTI Consulting
As part of our quarterly Cartel Intel series, Herbert Smith Freehills' Brussels partner Daniel Vowden sat down with Ashley Brickles, (Senior Managing Director at FTI Consulting) to discuss the latest EMEA cartel developments
31 May 2022
Competition Law and Sustainability
Our competition team has recently published an article in Practical Law on competition law and sustainability (see here for subscribers and here for a hardcopy of the article) covering the current state of play of sustainability in the context of competition law in several key jurisdictions.
03 August 2021
Shipwrecked in the Federal Court: ACCC suffers comprehensive loss against NSW Ports
The Federal Court has handed down its decision in Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2021] FCA 720, rejecting the ACCC’s case that the NSW State Government’s port privatisation process contravened the Competition and Consumer Act 2010 ( CCA )...
14 July 2021
EU Commission publishes draft revised VBER and Vertical Guidelines
On 9 July 2021, following a comprehensive consultation process, the EU Commission (Commission) published its proposals for a revised Vertical Block Exemption Regulation ( Draft VBER ) and Draft Vertical Guidelines , due to replace the current regime which expires on 31 May 2022. The previous...
26 May 2021
Australian Consumer Law marks 10 years with some large penalties
The Australian Consumer Law marked its tenth anniversary on 1 January 2021. Some belated presents were recently delivered in the form of the confirmation of, and the handing down of, Australia’s two largest ever penalties for contraventions of the Competition and Consumer Act 2010 (Cth) ( CCA ).
28 April 2021
Key learnings from ACCC v Google (No 2) for disclosing data practices
The Federal Court has handed down its decision in Australian Competition and Consumer Commission v Google LLC (No 2) [2021] FCA 367. The decision is important as it shows the continued acceptance by the Federal Court of expert evidence in the field of behavioural economics as a foundation for...
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21 September 2022
The EU Foreign Subsidies Regulation: Substantive Assessment Issues and Open Questions
The EU Institutions have now reached agreement in relation to the new Foreign Subsidies Regulation, a potentially far-reaching instrument that effectively creates a new subsidy control regime for non-EU subsidies affecting the EU's internal market.
21 September 2022
The third age looms – Why impact will shape the next generation of sustainable finance
Although one of the most touted investment trends, impact investing remains plagued by misconceptions and regulatory confusion. We look back over the three eras of sustainable investing and argue impact will unlock a new ambition for progressive finance.
20 September 2022
Japan Publishes Guidelines on Corporate Human Rights Due Diligence
On 13 September 2022, the Japanese government ( Government ) published its Guidelines on Respecting Human Rights in Responsible Supply Chains ( Guidelines ) (available in Japanese here ). The Guidelines set out how businesses active in Japan should address the human rights risks arising in their...
16 September 2022
Raising Capital in Uncertain Times
In this webinar Partners Paul Apathy and Clayton James, with our co-Head of Venture Capital Elizabeth Henderson and special Guest Panel Member Marcus Derwin, Managing Director, R Cubed, reflected on the current market for expansion capital raising and how founders, companies and investors can...
15 September 2022
HSF Explains: The Merge - A green crypto revolution or more hype?
This week one of the dominant blockchains Ethereum undertakes 'The Merge': a high-stakes move to a new platform, slashing its vast energy use and paving the way for major upgrades. HSF digital law expert Alex Cravero explains the impact and separates crypto from cryptic
13 September 2022
Supreme Court of NSW clarifies the nature and extent of the duty of care owed by building practitioners: What you need to know
The Design and Building Practitioners Act 2020 (NSW) ( DBP Act ) commenced just over two years ago. A significant feature of the DBP Act is the statutory duty of care it created, which provides that persons who carry out construction work have a duty to exercise reasonable care to avoid economic...
12 September 2022
Calling all shareholders: Australian Court rejects CEO’s call script for a scheme of arrangement
An Australian Court has refused to allow one-on-one communications initiated by a CEO to shareholders in respect of a scheme of arrangement, despite the proposed use of a script for the call.
12 September 2022
Virtus 03: On market acquisitions during a bid
The Australian Takeovers Panel in Virtus 03 addressed the lack of clarity regarding the steps a bidder should take in relation to an on-market acquisition of shares at a price different from the bid price – should the precise price be disclosed to the market prior to making such acquisition, or not?
12 September 2022
The Bettor's Verdict – a Herbert Smith Freehills podcast
In this podcast Steven Jacobs is joined by industry insider guests to discuss current issues in gambling law, sports law, and digital law. Their conversations focus on unwinding the tangled web of US gambling and sports laws past and present, and delve into the digital law space to cover topics...