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...
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...
16 October 2017
Australian Government to heighten controls over critical electricity, port and water infrastructure assets
The Security of Critical Infrastructure Bill 2017 (Cth) and its associated draft Security of Critical Infrastructure Rules 2017 (Cth) propose the establishment of a register of ownership interests and key control and operational information for critical infrastructure assets.
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...
13 April 2017
Environmental laws trump Linc Energy creditors
Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ disclaimer of related property and resource tenures. This decision changes the previous understanding of liquidators’ powers and the order of priority in...
13 April 2017
Queensland environmental laws trump Commonwealth Corporations Act, liquidators are ’executive officers’
Today the Queensland Supreme Court confirmed that the liquidators of an insolvent company are ‘executive officers’ of that company under Queensland’s environmental laws, which means that the liquidators are required to use available funds to cause the company to comply with its environmental...
14 November 2016
Environmental ‘chain of responsibility’ draft statutory guideline released for consultation: The path clears ahead – but is it paved with certainty?
Today the Queensland Government released a draft statutory guideline to help clarify when ‘chain of responsibility’ EPOs ( CoRA EPOs ) will be issued under the Environmental Protection Act 1994 (Qld) ( EP Act ).
24 January 2020
Financial Accountability Regime to introduce obligations on RSE licensees and insurers
Reforms proposed by the Government this week will impose significant obligations on registrable superannuation entity licensees and insurers. These reforms will also have implications for banks that are already subject to the Banking Executive Accountability Regime ( BEAR ).
22 January 2020
Moscow Corporate Crime and Investigations Newsletter - January 2020
This newsletter summarises recent developments in Russian regulations, enforcement and court practice which may be relevant for doing business in Russia, from a corporate crime and investigations perspective. Additionally, this newsletter identifies some developments in the US and other relevant...
21 January 2020
HIGH COURT STRIKES OUT CLAIM AGAINST BANKS IN THEIR CAPACITY AS LENDERS TO INVESTORS OF A TAX DEFERRAL SCHEME
The High Court has struck out claims brought by former investors in the Ingenious Media tax deferral schemes against lending banks who advanced sums to the investors for the purpose of investing in the scheme: Mr Anthony Barness & Ors v Ingenious Media Limited & Ors  EWHC 3299 (Ch) .
21 January 2020
The new environment for climate change litigation
The Dutch Supreme Court (the Court ) has recently affirmed a decision of the District Court to issue an order directing the State of the Netherlands to reduce it's greenhouse gas emissions by the end of 2020 by at least 25% of the emissions as at 1990. The order issued by the District Court now...
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...