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09 April 2020
Exploring Opportunities: 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 ) .
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...
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
07 May 2019
Middle East - New Guidelines released to update and expand the Tawazun Economic Program - May 2019
The Tawazun Economic Council (" TEC "), founded in 1992 and originally mandated to be a prime enabler for the Defense and Security sector in the UAE, albeit with a strong focus on economic development, established the offset program known as Tawazun Economic Program (" TEP "). Off the back of its...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
01 November 2017
The view from Brussels – Brexit negotiations – Developments in October
The Brexit debate often looks different viewed from Brussels rather than from London. It is however important for businesses to also keep in mind the Brussels perspective and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations.
18 October 2017
UK Government consults on proposals to expand national security review of foreign investments beyond current merger control regime
On 17 October 2017 the Department for Business, Energy & Industrial Strategy ( BEIS ) published its long-awaited Green Paper National Security and Infrastructure Investment Review for consultation. The Green Paper contains proposals to extend the UK merger control public interest intervention...
18 August 2017
Plain sailing for Glencore as court upholds Port of Newcastle declaration
The Full Federal Court has confirmed the decision of the Australian Competition Tribunal to declare services provided by the Port of Newcastle under the National Access Regime (see our previous articles here and here ). This paves the way for the ACCC to arbitrate the prices and other terms of...
18 August 2017
Frictionless trade? UK-EU customs relations post-Brexit
On 15 and 16 August 2017 the UK Government published two papers setting out its proposals for UK-EU customs relations post-Brexit. While these papers contain the greatest amount of detail to date in relation to the Government's thinking, they do of course only represent the start of the...
15 August 2017
MAS clarifies stance on digital tokens
On 1 August 2017, the Monetary Authority of Singapore ( MAS ) clarified through a media release that an offer or issue of digital tokens would be regulated if these tokens constitute products which are regulated under the Securities and Futures Act ( SFA ). In doing so, the MAS sent a strong signal...
21 June 2017
South African mining industry blindsided by Mining Charter III
Much controversy has surrounded the Reviewed Broad-Based Black Economic Empowerment Charter for the South African Mining Industry (“ Mining Charter III ”). Since a draft was published for public comment in April last year questions have arisen as to the lack of meaningful consultation by the...
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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...
28 September 2020
Due Diligence in the Age of ESG and Covid-19 (Japan)
Even before the Covid-19 pandemic, the increasing focus of external stakeholders on corporate purpose, accountability and resiliency was driving environmental, social and governance ( ESG ) matters higher up the corporate agenda. The Covid-19 pandemic has magnified the spotlight on ESG issues,...
25 September 2020
EU Mandatory Human Rights Due Diligence Law Takes Shape
Earlier this year we reported on a European Commission proposal to introduce mandatory human rights due diligence legislation for the EU. The European Parliament's Committee on Legal Affairs has now published a draft report which includes the text of a proposed Directive, giving a sense of the...
24 September 2020
Webinar: Sustainability in Arbitration – Reducing the environmental impact of our disputes
Herbert Smith Freehills and the Campaign for Greener Arbitrations are delighted to invite you to attend our webinar on Sustainability in Arbitration. Environmental sustainability is not a new subject, but is one that is increasingly at the forefront of government and corporate strategy and...
23 September 2020
Catalyst // Podcast Series
As markets move from response to recovery, our focus is shifting too. Looking ahead, we expect the global pandemic to operate as a catalyst, accelerating changes in human behaviour, driving forward scientific and technological advances, and ushering in further digitalisation and some tough choices...
23 September 2020
Podcast: Herbert Smith Freehills and GaffneyCline experts speak on ESG and Decarbonisation with the Oil & Gas Council
In this podcast Tim Pawul of the Oil & Gas Council hosts GaffneyCline's Global Head of Carbon Management, Nigel Jenvey and Herbert Smith Freehills' Global Head of Energy, Lewis McDonald, where they talk about ESG and decarbonisation in the context of oil & gas around the world. In the...
23 September 2020
UK Government plans to strengthen Modern Slavery Act 2015 reporting requirements
The UK Government has published its response to the transparency in supply chains consultation . The response sets out significant new proposals intended to strengthen the Modern Slavery Act 2015 ( MSA ), and in particular the requirement for certain organisations to produce a slavery and human...
23 September 2020
Cyber and data security webinars
Cyber security is a high-ranking board agenda item showing no sign of abating. The regulatory landscape is becoming ever more complex as we strive to respond and mitigate the risks of cyber incidents. In the following webinars we delve into some key developments to help you keep abreast of changes...
23 September 2020
People: New remote work regulations (Spain)
On 23 September 2020, the Spanish Official State Journal (Boletín Oficial del Estado) published Royal Decree-law 28/2020, of 22 September (“RDL 28/2020”), on remote work. The new regulation will enter into effect 20 days after its publication, in all matters relating to the regulation of this form...
23 September 2020
The Italian medicines agency AIFA opens a public consultation on the draft guidelines for the preparation of the dossier supporting a price and reimbursement application
This is the last step before the implementation of the new procedure for the price and reimbursement negotiation set out in the Decree on price and reimbursement negotiation of 2 August 2019. The Italian Medicines Agency (AIFA) has launched a one week public consultation, closing 30 September 2020...
