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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...
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...
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10 May 2021
London International Disputes Week 2021
10 – 14 May 2021 Herbert Smith Freehills is a proud founding member of LIDW. London International Disputes Week 2021 comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. Through a programme of...
05 March 2021
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...
04 March 2021
ESMA FINAL REPORT ON ARTICLE 8 OF THE EU TAXONOMY REGULATION
On 1 March 2021 the European Securities and Markets Authority ( ESMA ) published its Final Report on advice under Article 8 of the Taxonomy Regulation. The Final Report outlines the information that non-financial undertakings and asset managers need to provide to comply with their disclosure...
03 March 2021
Developments in the ESG Bond Market: Sustainability-Linked Bonds and Transition Bonds
This is the third in a series of articles looking at the development of ESG in debt financing (the first and second can be found here and here ). In this article, we look at the ESG bond market and focus in particular on sustainability-linked bonds and transition bonds. We will discuss the...
02 March 2021
UK Government publishes revised sector definitions for mandatory notification under new national security screening regime
The UK Government has today published its response to the consultation on mandatory notification in specific sectors under the proposed new national security screening regime contained in the National Security and Investment Bill ( NSI Bill ). The NSI Bill is currently making its way through the...
02 March 2021
Contract disputes practical guides
Welcome to the home page for our series of contract disputes practical guides, designed to provide clients with practical guidance on some key issues that feature in disputes relating to commercial contracts under English law. Each edition comprises: a PDF guide (linked below); an hour-long webinar...
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.
26 February 2021
Flexible and bespoke bid conditions – protecting against material risks
In E&P Financial Group Limited [2021] ATP 1, the Takeovers Panel has confirmed that bidders have considerable latitude to craft and impose bid conditions that are designed to protect against material risks – subject always to the conditions not being prohibited by law or policy, such as...
25 February 2021
Inside Arbitration: A new frontier - What does the Brexit deal mean for cross-borderdispute resolution and for London-seated arbitration?
The transition period under the Withdrawal Agreement has now come to an end and, following the last minute announcement of a deal between the UK and EU on 30 December 2020, businesses across the world are assessing the practical implications of Brexit for doing business in the UK and the EU going...
25 February 2021
Inside Arbitration: Spotlight interview: Mike McClure
Mike is a Herbert Smith Freehills world traveller, having spent time in our London, Dubai, Hong Kong and Moscow offices. Now based in Seoul, he heads the office and leads a thriving international arbitration practice in one of Asia’s most up–and–coming arbitral seats. Mike’s practice covers...