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12 December 2019

Australian Government responds to the ACCC Digital Platforms Inquiry

The Australian Government today released its response to the final report of the ACCC Digital Platforms Inquiry.
11 December 2019

Real Estate. Reconsidered

The real estate sector has been at the centre of many of the most significant changes that are impacting the modern world. A decade ago the financial crisis shook our markets. However, the subsequent drive for diversification has led to an unprecedented period of cross-border investment and...
11 December 2019

Big data is transforming investigations

Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
11 December 2019

The end of common fund orders as we know them?

Since 2016, common fund orders have been made in a number of Australian class actions under a particular statutory provision of the Federal Court of Australia Act (s 33ZF) and its State-based equivalents.
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...
10 December 2019

Capital controls in the UK?

Since the US Dollar departed from the gold standard in 1971 much of the world has abandoned or substantially relaxed capital and exchange controls. International trade and investment has grown dramatically since that time and it is acknowledged that open markets stimulate trade. The UK has been...
09 December 2019

FSR Insights - 2020 Outlook

Herbert Smith Freehills' Financial Services Regulatory (FSR) team surveys the regulatory landscape in 2020 and identifies some themes that we expect to be at the core of regulatory priorities globally in the next 12 months.
06 December 2019

Corporate Crime update, December 2019

Welcome to the December 2019 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, please click read more on...
05 December 2019

The ACCC continues its push on personal information

The recommendations in the ACCC’s final report on loyalty schemes have implications for all businesses that collect and use personal information
05 December 2019

EVENT: Breakfast Panel Event with Lionheart and RE:Women

Herbert Smith Freehills, together with Lionheart and RE:Women, invite you to a breakfast panel discussion on: "Building the foundations for good mental health"
04 December 2019


04 December 2019

Online harmful content: the race to regulate

The decentralised, global internet has democratised many facets of everyday life, and consequently has allowed everyday citizens, extremists and everyone in between to share their views. The consequential proliferation of online harmful content meant some form of regulation was inevitable. However...
04 December 2019

Tech Regulation Series: The End of Permissionless Innovation?

The tech regulatory landscape is changing rapidly. It is complex and fragmented, both globally and by subject matter, making it difficult for technology providers to navigate. Almost weekly there are new headlines warning of risks and perils of ‘big tech’ and misuse of data. Now, more than ever, it...
02 December 2019


The article highlights recent trends and summarises key developments of the anti-bribery and anti-corruption landscape in Russia. As a member of leading international organisations and conventions on countering corruption Russia makes efforts to implement international best practice. The country is...
29 November 2019

Considerations for bidders who dispose of target shares during a scheme

The application by ASIC to the Takeovers Panel in the recent Australian Unity Office Fund ( AOF ) trust scheme is a reminder that there are a number of important considerations that a bidder should keep front of mind if proposing to dispose of a pre-scheme stake during a scheme of arrangement.