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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...
15 May 2020
COVID-19: Governance: Competition Authorities’ Response (Asia)
Across Asia, the Covid-19 outbreak has had a significant impact on the activities of the region’s competition authorities. Where policy changes have been made, authorities have had to balance issues carefully, demonstrating flexibility towards potentially anti-competitive conduct that may be...
14 May 2020
COVID-19: ÁREAS DE IMPACTO: La CE amplía el marco temporal de ayudas de estado e incluye medidas destinadas a la recapitalización de empresas y deuda subordinada (España)
La Comisión Europea (“CE”) ha adoptado la segunda modificación del “Marco Temporal relativo a las medidas de ayuda estatal destinadas a respaldar la economía en el contexto del actual brote de COVID-19" (“Marco Temporal”) para permitir a los Estados miembros la concesión de ayudas destinadas a la...
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...
06 May 2020
COVID-19: PRESSURE POINTS: A CONSIDERATION OF FACTORS THAT MAY INFLUENCE MERGER CONTROL INVOLVING DISTRESSED FIRMS FOLLOWING THE COVID-19 PANDEMIC (SOUTH AFRICA)
It is clear that the COVID-19 pandemic is already having a far-reaching impact on local, regional and global economies, with many firms facing severe financial constraints due to the limitations and government interventions introduced to tackle the global pandemic.
06 May 2020
COVID-19: Pressure Points: The impact of COVID-19 on competition law in the consumer sector (UK, Australia, Asia)
The Covid-19 health crisis raises substantial challenges for businesses and consumers and has had a significant impact on competition law affecting the consumer sector. While the particular implications will vary by jurisdiction, some common trends may be identified. One broader development is that...
16 April 2020
COVID-19: GOVERNANCE: Competition watchdog goes online (INDONESIA)
Indonesia’s Competition Commission ( KPPU ) has issued a regulation permitting online enforcement activities, addressing the social distancing measures introduced by the Indonesian government in response to the COVID-19 global pandemic.
09 April 2020
COVID-19: Pressure Points: 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...
20 March 2020
COVID-19: Governance: South Africa uses competition laws to facilitate its response to COVID-19 (Africa)
Following our recent post on COVID-19 and its impact on competition law in Europe, South Africa has added its name to the list of countries using competition laws as a tool both to facilitate the healthcare response to the pandemic and protect consumers from exploitation.
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...
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
29 May 2020
Clearer guidance provided: the takeovers panel’s new equity derivatives guidance note
The Takeovers Panel has finally issued its updated guidance on the public disclosure of equity derivatives. This update guidance was published almost a year to the day after the Panel’s public consultation process closed. This article outlines what has changed.
29 May 2020
HKMA publishes report on bank culture self-assessment
On 22 May 2020, the Hong Kong Monetary Authority ( HKMA ) published a report on its review of self-assessments on bank culture. This is part of the HKMA’s bank culture reform supervisory measures, where 30 authorised institutions ( AIs ) were selected in the initial phase to conduct self-...
29 May 2020
COVID-19 exposes M&A risks
Each time our markets experience a major downturn we see bidders trying to extricate themselves from previously announced transactions. If there is a breach of a bid condition, this may be possible, but it typically gives rise to disputes and uncertainty, particularly if the bidder is proceeding...
28 May 2020
COVID-19: People: Post-lockdown issues for employers (UK)
On 11 May 2020 the UK Government published its roadmap for coming out of lockdown, providing for a (conditional) phased return of schools and businesses over the coming months and subject to continuing social distancing requirements. Employers who shut down or reduced their operations at the start...
28 May 2020
ПРАВОВОЕ РЕГУЛИРОВАНИЕ ВТОРИЧНОГО РЫНКА СИНДИЦИРОВАННОГО КРЕДИТОВАНИЯ ПО РОССИЙСКОМУ ПРАВУ
Правовое регулирование вторичного рынка синдицированного кредитования играет важную роль в создании условий для привлечения на вторичный рынок максимального количества участников и, соответственно, развития российской банковской системы и экономики России в целом.
27 May 2020
Tax Treaty Interpretation: The Limits of Fiction
In Fowler v HMRC [2020] UKSC 22, the Supreme Court determined that a statutory fiction created by a deeming provision of UK tax law did not affect how the terms of a bilateral tax treaty should be applied. In particular, the Supreme Court held that although the UK deeming provision in question...
27 May 2020
COVID-19: Governance: Changes to UK insolvency law undermine position of DB schemes and the PPF (UK)
The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill , which contains the most far-reaching reforms to UK insolvency law in over 30 years. The Bill has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies survive...
27 May 2020
COVID-19: Pressure Points: Opportunities to acquire IP assets in a changing world (Global)
As governments around the world take the first tentative steps to ease lockdown measures, people and businesses are beginning to focus on a return to work or at least a resumption of more normal business processes. However, it is clear that a large number of businesses, sadly, will not survive in...
27 May 2020
COVID-19: Pressure Points: Sector update: Infraestructuras y Contratación pública nº 1 Mayo 2020 (Spain)
Bienvenido a la primera edición de nuestro update de infraestructuras y contratación pública. Aquí encontrarás algunas de las principales novedades más destacadas del sector. Esperamos que te sea de utilidad.
27 May 2020
COVID-19: Pressure Points: The Global Impact on the Mining Industry
Note: This resource has been updated on 26 May 2020 to include the US (Federal and the States of New York, California and Texas) and reflect recent developments in Australia and Peru. The COVID-19 pandemic is an unprecedented humanitarian and economic crisis. The mining industry has sought to...
27 May 2020
The View From Brussels: The negotiation of the Future Partnership between the EU and the UK
Negotiations on the Future Partnership between the UK and the EU have progressed through three rounds – held by video conference rather than face-to face given the current circumstances. According to the press-conferences, and in particular the introductory statement of the EU negotiator at the end...
