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03 September 2021
German energy law violates European law – European Court clarified the term of a vertical integrated undertaking and decided that the Federal Network Agency must become more independent
On 2 September 2021, the European Court decided that the German legislator has not implemented correctly requirements of the EU Electricity Directive and the EU Natural Gas Directive. In particular, the German concept of a vertical integrated undertaking is too narrow. Besides and most notably, the...
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 ).
30 April 2021
UK National Security and Investment Act 2020 granted Royal Assent: what do investors need to know?
On 29 April 2021 the UK National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of tightening of foreign...
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...
22 April 2021
Scottish independence and currency: choices, issues and implications
During the 2014 referendum, an independent Scotland’s approach to currency was one of the most hotly contested issues. That partly reflects currency’s role, like flags, as emblems of national identity and continuity. More fundamentally though, different currency regimes have profound implications...
22 April 2021
Scottish independence and EU membership: process and implications
In 2016, shortly prior to the UK’s referendum on EU membership, the Scottish National Party ( SNP ) manifesto argued that “significant and material changes in circumstances that prevailed in 2014” would justify a second Scottish independence referendum and that “Scotland being taken out of the EU...
26 February 2021
Private equity investments under the UK’s new national security screening regime
The implications of the UK’s proposed national security investment screening regime have been widely debated since the National Security and Investment Bill ( NSI Bill ) was introduced to Parliament on 11 November 2020.
15 December 2020
When is the latest the EU and UK could agree the terms of their future relationship in time to apply at the 31 December 2020 end of transition?
When (and indeed if) agreement is reached, it will need to be ratified by both sides in order to come fully into force. However, given the extended negotiations and the very short time left, the UK and EU may need to use alternative routes to the usual ratification processes for the agreement to be...
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30 September 2021
GAR Live: Energy Disputes 2021
The annual GAR Live: Energy Disputes conference is taking place in London this year, where experts from across the country and throughout Europe will join together for a hybrid event. The energy industry is currently in the midst of a pivotal shift with a growing demand for renewable sources. This...
23 September 2021
Remote/Controlled = The new trust equation
Radical upheavals in working life are taking hold at a global level as remote and hybrid working leave lasting changes across industries in the wake of the Covid-19 pandemic. In response, employers are more inclined to advocate about geopolitical and social issues, use technology to manage and...
22 September 2021
UPC: Jurisdiction and "opt-out"
Once the Unified Patent Court (UPC) comes into effect, and after the transitional period of 7 years (at least), the court system will have exclusive jurisdiction over UPs and all EPs designated to participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC...
17 September 2021
The Unified patent court and unitary patent – Introduction
A new patent right and patent enforcement system is coming for patent protection in the Europe which the new court's Preparatory Committee states is likely to start mid-2022. There are two main elements: A Unified Patent Court ( UPC ) which will have jurisdiction over all European patents (current...
15 September 2021
Reckitt Benckiser puts a Finish (for now) to competitor’s launch of dishwashing tablets
Businesses launching a new brand in the Australian market need to consider the competitive landscape of existing brands, and the risk of a competitor seeking an urgent interim injunction against them, if they stray too close to an existing registered trade mark.
15 September 2021
The Herbert Smith Freehills Legal Privilege Web App
We are delighted to announce the release of our English law legal privilege web app. Following on from the very positive feedback which we have received from clients over recent years on our Handy Client Guide to Privilege, our team has developed a digital version which makes the analysis quicker,...