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28 September 2020
China’s competition regulator publishes new compliance guidelines
In August 2020, China’s primary competition enforcement regulator, the State Administration for Market Regulation ( SAMR ), announced the publication of its “2019 Compilation of Antitrust Regulations and Guidance”. The publication formally adopts four key guidelines (the Guidelines ) relating to...
31 August 2020
Implications for Japanese companies of the European Union’s new white paper on foreign subsidies
As recently reported in the Nikkei Shimbun, on 17 June 2020, the European Commission issued its “ White Paper on levelling the playing field as regards foreign subsidies ” ( White Paper ). The White Paper considers possible options and new legal instruments for the Commission to address distortions...
21 August 2020
The cost of deceptive privacy statements: big fine for online platform highlights the importance of transparency when using personal information
Online health booking platform HealthEngine has been fined AUD$2.9m for deceptive conduct relating to the disclosure of personal information, and editing consumer reviews.
26 June 2020
JD Sports appeals CMA prohibition decision citing impact of Covid-19 as a key consideration
JD Sports has filed an appeal with the Competition Appeal Tribunal (CAT) against the decision by the CMA to prohibit its acquisition of rival retailer Footasylum, with the appropriate treatment of Covid-19 a key area of dispute between the parties and the CMA.
19 June 2020
The European Commission adopts White Paper on how to address foreign subsidies in the EU internal market
On 17 June 2020, the European Commission (“the Commission”) issued a “ White Paper on levelling the playing field as regards foreign subsidies ” (“the White Paper”), launching a public consultation on a number of ambitious and far reaching possible options and legal instruments to address...
09 June 2020
Governance: Corporate Insolvency and Governance Bill: impact on supply chains and their customers (UK)
Update ; The Corporate Insolvency and Governance Act 2020 commenced into effect on 26 June 2020. While the final provisions of the Act largely reflected the drafting of the original Bill, certain amendments were made including to: (i) improve the information available to certain pensions creditors...
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...
19 May 2020
The View from Brussels: The European Commission’s new Readiness Notices
During the negotiations for the Withdrawal Agreement, much attention was paid to the need to prepare for a no-deal Brexit – where trade with the EU would no longer benefit from all the facilitations made possible by the Single Market, but would be governed by WTO rules only. Both the European...
19 May 2020
COVID-19: PRESSURE POINTS: Business associations and competition law during the COVID-19 crisis: Do's and Don'ts (Spain)
The current crisis and market uncertainty triggered by COVID-19 are forcing many companies to explore new formulas of collaboration to overcome the challenges that the current exceptional circumstances have generated. Many sectors have seen their sales and income plummet, while others are...
19 May 2020
International trade and sustainable development: On level playing field, cross-linkages and cherry-picking
There was time when trade negotiations were just about reducing tariffs and quotas. That was the purpose of GATT negotiating rounds and any tariff concession obtained by one contracting party had to be applied to all countries without discrimination. There were exceptions, in particular for customs...
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26 October 2020
2020 Responsible business report
This year has been an extraordinary year. The human cost and disruption caused by the Covid-19 global pandemic are difficult to overstate. In addition to the pandemic, in the last 12 months, we have also seen bushfires devastate large areas of Australia, widespread protests and calls for racial...
26 October 2020
Balancing Risks and Opportunities: Data Governance in Australia
Data has become the heartbeat of every business in today’s digital world. It is the key to knowing your customers, remaining competitive and succeeding into the future. Yet it comes with great responsibility – knowing how to use your data and protect it is becoming ever more important. Tune into...
23 October 2020
Contractor entitled to claim lost profits under Operation and Maintenance contract following Owner's breach of Design and Build Agreement
Infrastructure projects often involve a complex suite of documents which are negotiated together but each constitutes a separate binding agreement. By way of example, a project developer and a host government may sign a land lease, a construction contract and long term operating agreement. The UK’s...
22 October 2020
Update on Covid-19 Business Interruption Insurance UK FCA Test Case: Declarations and Appeals
Developments in the UK FCA test case for COVID-19 related business interruption could have implications for similar claims in Australia. The UK Court has: issued its detailed declarations to give effect to its reasons for judgment handed down on 15 September 2020 (a copy of the judgment is...
21 October 2020
Capital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial Crisis
The Journal of International Banking Law and Regulation (JIBLR) has published an article written by members of our securities class action practice: Capital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial Crisis.
20 October 2020
2020 Global Bank Review: #disruption
The 2020 edition of our Global Bank Review: #disruption , explores the challenges and opportunities facing banks, with the emergence and impact of the Covid-19 global health pandemic and its subsequent ramifications. While the sector has faced – and overcome – significant disruption before, the...
20 October 2020
International Arbitration in Australia in 2020 – state of play
International arbitration continues to play an increasingly important role in Australia. In this note we canvass some of the key developments in the international arbitration space in 2020, including: Recent judicial support for international arbitration and the enforcement of arbitral awards,...
16 October 2020
Members of our Digital Law Group contribute to the Tech London Advocates and UK Law Society’s guidance for lawyers advising on distributed ledger technologies
“Technology underpins innovation in legal services and plays a critical role in driving the postcoronavirus recovery across all sectors of the economy. The report of the TLA’s Blockchain Legal and Regulatory Group will provide a clear framework and much needed guidance on the use of blockchain in...
15 October 2020
Libor transition update - October 2020
The cessation of the London Inter-bank Offered Rate ( LIBOR ) at the end of 2021 has long been an issue vexing the global financial services industry given the scale and geographic spread of exposures to the affected benchmarks across the currencies and terms in which it is published. As we reach...
13 October 2020
Fintech 2021: from crisis to consolidation
For most people, life and work have changed fundamentally since the Covid-19 crisis began – and there are concerns that the crisis could still worsen again . Most areas of the world’s economy have been profoundly affected too, and the Fintech sector is no exception. Fintech has been both an...
