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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)  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: The Consequences For Trade
As with the prospects for and then the reality of Brexit, the prospect of an independent Scotland raises the profile of questions on international trade for both politicians and business. In this briefing we take an initial look at some of the key trade issues.
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...
30 November 2020
Consumer Data Right: Expanding the CDR regime
On 30 September 2020, the Australian Competition and Consumer Commission ( ACCC ) released a further consultation paper concerning the continued expansion and development of the Consumer Data Right ( CDR ) regime. The consultation paper accompanies an Exposure Draft with proposed amendments to the...
27 November 2020
Predicting the future for “green” claims: The Full Federal Court provides guidance on representations as to future matters (Australia)
Marketing products as ‘environmentally friendly’ is an increasingly popular way for businesses to capture consumer attention. As the popularity of such ‘green’ marketing claims has increased, so has the ACCC’s scrutiny of these claims.
12 November 2020
Unbundling Competition: Asia competition law podcasts
In this podcast, members of the Herbert Smith Freehills Competition, Regulation and Trade team examine key competition law and related regulatory developments. In each instalment, we update you on the latest developments across Asia, as well as those affecting Asian businesses around the world,...
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...
23 June 2021
Webinar: Anti-Racism and Inclusive Leadership with John Amaechi OBE
Many organisations have made important strides over the past year to challenge racism, both in the workplace and in other walks of life. Yet, there is clearly a long way to go before we reach a turning point in addressing systemic racism.
17 June 2021
Amendment of the Transparency Register: How will it affect reporting obligations in Germany and what will the consequences be for companies that fail to comply?
On 9 June 2021, the German Federal Parliament passed the German Transparency Register and Financial Information Act (TraFinG) which, in particular, contains extensive amendments to the German Money Laundering Act (GwG) in connection with the transparency register. The TraFinG will come into force...
17 June 2021
Covid-19 update: restrictions on enforcement extended
Forfeiture: commercial leases At the eleventh hour, and despite previously declaring that it was the final extension, the UK Government has today announced that the current restrictions on landlords being able to forfeit commercial leases for non-payment of rent (which protection was due to expire...
15 June 2021
ESG issues in the consumer sector: managing class action and regulatory risks
Investors, consumers and other stakeholders increasingly want to hear from consumer sector companies concerning the environmental, social and governance (ESG) impacts of their businesses. However, as more companies begin sharing the positive ESG stories behind their businesses and brands in...
15 June 2021
ASIC’s consultation on regulator guidance closes as financial service and credit licensees prepare for Australia’s breach reporting reforms
In April of this year, we wrote about draft guidance released by the Australian Securities and Investments Commission (ASIC) on the significant impending changes to Australia’s breach reporting regime.
11 June 2021
Not all’s “fair dealing” in war and Greenpeace: Federal Court confirms limits of the “parody or satire” exception to copyright infringement
The Federal Court’s decision in AGL v Greenpeace 1 confirms that using a corporate logo in activist or protest materials may be permissible under both copyright and trade mark law, but only where that use constitutes a “fair dealing” for the genuine purpose of “parody or satire”. Not all such uses...
11 June 2021
Bank of England launches Climate Biennial Exploratory Scenario
On Tuesday 8 June, the Bank of England launched its Climate Biennial Exploratory Scenario ( BES ), a stress-testing exercise on the financial risks from climate change. While the regulator's rhetoric may sound like a call to arms, the BES hopes to understand the issues the financial system faces to...
10 June 2021
Tech disputes series
In a world that's increasingly dependent on technology, organisations are under increasing pressure to stay competitive and create connected experiences. To meet these rising demands, organisations are accelerating their digital transformation and in turn giving rise to complex, multi-...
10 June 2021
Revolution or evolution? Technology and the changing dispute resolution landscape
Digital transformation is causing the dispute resolution landscape to change and evolve rapidly. Our tech disputes experts explore the key changes and the effect that these are having on the way in which we can minimise exposure and navigate the new environment to successfully resolve disputes.
09 June 2021
Launch event: Law Commission review of the law relating to corporate criminal liability
On 9 June 2021 at 4.30pm, our Corporate Crime and Investigations team will be hosting an event where the Law Commission will launch its review of the law relating to corporate criminal liability in England and Wales.
08 June 2021
The Future of Consumer – 2021 APAC predictions
2020 presented a number of significant challenges with Covid-19 accelerating some of the existing trends in the consumer sector – and we expect to see these issues driving some real turning points in 2021, as our Asia-Pacific Consumer team will explore in this series. Trust continues to be a major...