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...
26 July 2018
Green light for new Automated and Electric Vehicles Act
On 19 July 2018, the Automated and Electric Vehicles Bill received Royal Assent and became an Act of Parliament. The new Automated and Electric Vehicles Act represents the first legislative step towards the UK Government's aim of establishing the UK as a world leader in the development and...
21 May 2018
Middle East anti-corruption regulations legal guide 2018
The Middle East region presents various anti-corruption challenges for businesses. These include difficulty in identifying politically exposed persons, prevalence of intermediaries in the conduct of business relationships and a widespread difficulty in accessing company ownership and financial...
09 March 2018
SPAIN'S NEW PUBLIC PROCUREMENT LAW ENTERS INTO FORCE
Today sees the entry into force of practically all provisions of Law 9/2017, of 8 November 2017, on Public Procurement, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, into Spanish law.
06 December 2017
CJEU ruling in Coty – greater online protection for luxury goods suppliers
In its hotly anticipated ruling in the Coty case , the Court of Justice of the EU (CJEU) has held today that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through online third-party platforms does not infringe Article 101(1...
20 November 2017
The 10 main new features of Spain's new public procurement law
Finally, on 9 November, Spain's Official State Journal (Boletín Oficial del Estado, or " BOE ") published Public Procurement Law 9/2017, of 8 November 2017, which transposes into Spanish law the Directives of the European Parliament and Council 2014/23/EU and 2014/24/EU, of 26 February 2014.
02 November 2017
Spain approves a new Spanish public procurement law
On Thursday 19 October, Spanish Congress approved a new Public Procurement Law, although it is still pending publication in Spain's Official State Journal (BOE). This law transposes European public procurement directives into Spanish legislation, in particular Directive 2014/24/EU of the European...
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...
22 August 2017
Amendments to the Heavy Vehicle National Laws: Simplifying the law, increasing the penalties
There are upcoming changes to the Heavy Vehicle National Law ( HVNL ) which will affect all businesses which touch upon or deal with the road transport industry. The changes have been brought about to lessen ‘prescription’ in the laws, impose ‘risk-based’ duties, increase consistency with the Model...
08 June 2017
QATAR PROJECTS - WHAT TO DO NOW
Yesterday, we published a client briefing on the immediate steps which you should take if you are affected by this week's decision by Saudi Arabia, the UAE, Bahrain, Egypt, the Maldives and Yemen to cut diplomatic ties with Qatar, and close all land, sea and air communications to the Emirate (click...
30 November 2016
Key Developments in Iran, November 2016
This update aims to provide a brief overview of key developments which have occurred in Iran during the past month and to highlight areas of future interest. In particular, the update covers notable developments in both the political arena and key economic sectors.
07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
03 June 2020
US DOJ seeks to stop human rights lawsuits against corporations
In a May 26, 2020 filing , the U.S. Department of Justice (“DOJ”) has urged the U.S. Supreme Court to hold that domestic corporations cannot be sued in U.S. courts for alleged human rights violations under the Alien Tort Statute (“ATS”).
03 June 2020
Pressure points: E-signing reform in Queensland
Queensland has temporarily eased restrictions on the electronic signing of certain documents, allowing: deeds to be signed electronically and without a witness; mortgages (in certain circumstances), general powers of attorney, affidavits, declarations, wills, enduring powers of attorney and advance...
02 June 2020
COVID-19: Pressure Points: A quick reference tool to help assess the availability of force majeure relief under English law (UK)
The global crisis arising from the COVID-19 pandemic has inevitably prompted many commercial parties to reconsider their contractual arrangements, either because they (or a counterparty) are facing difficulties in performing their obligations or because the contract has become uneconomic in light...
01 June 2020
COVID-19 Pressure points: Online sales of pharmaceuticals – now available? (Russia)
In light of the volatile situation with COVID-19, the president of the Russian Federation signed Decree No. 187 dated 17 March 2020 “On Retail Trade of Medicines for Medical Use” (“ Decree No. 187 ”) under which distance selling of over-the-counter (“ OTC ”) medicines is permitted. Following...
01 June 2020
COVID-19: Pressure points: Workplace pensions – 4 cost saving steps for employers (UK)
As the economic impact of Covid-19 and the measures introduced to restrict its spread continues to be felt, many employers are inevitably looking for ways to reduce costs and preserve cash. As far as pensions are concerned, the primary focus to date has been on the scope for employers with defined...
29 May 2020
Clearer guidance provided: the takeovers panel’s new equity derivatives guidance note
The Takeovers Panel has finally issued its updated guidance on the public disclosure of equity derivatives. This update guidance was published almost a year to the day after the Panel’s public consultation process closed. This article outlines what has changed.
29 May 2020
HKMA publishes report on bank culture self-assessment
On 22 May 2020, the Hong Kong Monetary Authority ( HKMA ) published a report on its review of self-assessments on bank culture. This is part of the HKMA’s bank culture reform supervisory measures, where 30 authorised institutions ( AIs ) were selected in the initial phase to conduct self-...
29 May 2020
COVID-19 exposes M&A risks
Each time our markets experience a major downturn we see bidders trying to extricate themselves from previously announced transactions. If there is a breach of a bid condition, this may be possible, but it typically gives rise to disputes and uncertainty, particularly if the bidder is proceeding...
29 May 2020
COVID-19: Pressure Points: Summary of Key Support And Guidance for Charities and Social Enterprises (UK)
This note sets out a high-level summary of key announcements regarding funding, support, and guidance available for social enterprises and charities as of 29 May 2020. Please note that changes and announcements are made regularly; updates should be monitored on an ongoing basis.
28 May 2020
COVID-19: People: Post-lockdown issues for employers (UK)
On 11 May 2020 the UK Government published its roadmap for coming out of lockdown, providing for a (conditional) phased return of schools and businesses over the coming months and subject to continuing social distancing requirements. Employers who shut down or reduced their operations at the start...