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.
27 October 2017
EU State Aid Investigation of UK CFC Rules - Group Financing Exemption
On 26 October 2017 the European Commission announced that it had opened a State aid investigation in relation to the UK's Controlled Foreign Company (CFC) rules and specifically, the group financing exemption under the rules. Should the Commission conclude that the group financing exemption...
19 October 2017
Herbert Smith Freehills Evidence on State aid / Brexit for House of Lords
In September 2017 we submitted evidence to the House of Lords Internal Market Sub-Committee in its inquiry into the impact of Brexit on UK competition policy, focusing on the application of the State aid rules post-Brexit. Our evidence addresses whether a State aid regime may be required as part of...
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
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...
07 June 2017
Qatar - diplomatic ties severed: implications for business
On Monday 5 June 2017, Saudi Arabia, the United Arab Emirates ("UAE"), Egypt and Bahrain announced that they would sever diplomatic ties with, and cut off transport links to, Qatar. Saudi Arabia, the UAE, Bahrain and Egypt closed transport links with Qatar from Tuesday 6 June 2017. Effective from...
10 April 2017
STATE AID CONTROL IN A POST-BREXIT UK
Whilst there has already been sustained debate as to numerous aspects of the possible new legal order in the UK post-Brexit, there has been relatively little discussion thus far as to the future of the EU State aid rules. This article seeks to fill this space and rather than simply sketching out...
30 September 2016
PPPs and State aid
This report, prepared in cooperation with The European PPP Expertise Centre (EPEC), seeks to contribute to and stimulate discussions on public-private partnerships (PPPs) as well as to foster the diffusion of best practice in this area. The intention of the report is to be as straightforward as...
16 January 2020
Top 10 Employment Law Developments Of The Decade: Part 2
In the final installment of our two-part article, we conclude our countdown of the top U.S. labor and employment developments of the 2010s. This part covers the key developments from 2015 to 2019, and it concludes with our selection of the most important development of the decade.
13 January 2020
Getting the deal through: Joint Ventures 2020
In increasingly complex and connected global markets, joint ventures offer access to business and investment opportunities that may be less available to parties acting alone. New market entry, growing customer bases, sharing of capital expenditure or other costs, originating funding or investment,...
08 January 2020
Open Innovation: Collaborate to Innovate
Innovation that happens in an "open" collaborative context – either internally or with external partners - can provide faster, better, more holistic results to accelerate innovation and improve competitive advantage, concludes our new report: Open Innovation: Collaborate to Innovate , based on "...
08 January 2020
Open Innovation: Data issues in innovation and collaborations
Businesses in every sector are under pressure to innovate to stay ahead of the competition. ‘’Open innovation’’ is a term that has come to describe innovation which extends beyond the traditional Research and Development department of a business and embraces a broader pool of talent and ideas...
06 January 2020
Views on an evolving automotive industry: Responding to ESG-related scrutiny
The automotive industry is unquestionably evolving at considerable pace whether through advances in connectivity and autonomy in vehicles, developments in the way that consumers access and use vehicles or changes driven by the 'electric revolution'.
20 December 2019
Online harms and online safety: Is greater harmonisation on the horizon for Australia?
On 11 December 2019, the Government released a discussion paper on a proposed Online Safety Act (the Proposal ) for consultation. The Proposal comes only months after the adoption of the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 (Cth) (better known as the social media...
20 December 2019
New electricity network investments – there has to be a better way
For many years, electricity generators and retail business attracted much more attention than networks. That is changing as a bow wave of new network investment is demanded by the transition of the power system from large, baseload thermal plant providing strong system stability support to widely...
20 December 2019
ASIC consults on draft regulatory guide for design and distribution obligations
ASIC has released Consultation Paper 325 Product design and distribution obligations ( CP 325 ), on its proposals for guidance on the design and distribution obligations in Pt 7.8A of the Corporations Act 2001 (Cth) ( DDO ).
19 December 2019
The View from Brussels: Brexit - next steps and options to reconcile haste with ambition
Brexit now seems inevitable on 31 January 2020 but that is only the beginning of the process of defining a new relationship between the UK and the EU. Serious negotiations on that relationship will only start thereafter, hopefully as soon as February. In this View from Brussels, we look at how this...