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Closing the GAP: Guaranteed Asset Protection insurance - competition remedy

New rules in the FCA’s policy statement on Guaranteed Asset Protection (GAP) insurance (PS15/13) are about to change the way GAP insurance sold alongside the sale of a motor vehicle (add-on GAP Insurance) is sold to both consumers and commerci...




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Commission probes online restrictions on retailers - e-commerce sector inquiry update

It has been reported that the European Commission (the “Commission”) is asking retailers to detail the difficulties they face while trying to sell their products online, as part of the lengthy questionnaires sent to the retailers followi...




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Eversheds advises Windmill in successful defence of Court of Appeal challenge to retail planning permission

R (on the application of Tesco Stores Limited) v Forest of Dean District Council and (1) JD Norman Lydney Limited (2) Asda Stores Limited (3) Windmill Limited (4) MMC Land & Regeneration Limited1 The Court of Appeal, upholding a decision of the ...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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Commission blocks Hutchison’s takeover of O2

On 11 May 2016 the Commission blocked an acquisition of Teléfonica UK’s O2 by Hutchison 3G UK’s Three, casting doubt on the acceptability of ‘four to three’ mergers in the mobile sector. The Commission expressed concer...




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All change on business rates: 2017 revaluation, “Check Challenge Appeal” and other developments

The last two years have brought challenging times for ratepayers and there is little respite on the horizon. With the 2017 Revaluation looming, rateable values are likely to increase substantially throughout large swathes of the country. Together wi...




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E-commerce: Commission probes suspected competition infringements in consumer electronics, videogames and hotel sectors

The European Commission has launched three investigations into suspected breach of the competition rules by companies in the consumer electronics, videogames and hotel sectors.  The consumer electronics and videogames probes come out of the Com...




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Business rates: back to reality (Newbigin v Monk [2017] UKSC 14)

The Supreme Court has overturned the Court of Appeal decision and found in favour of the ratepayer in this much-anticipated business rates case involving the rateability of a property which was undergoing substantial renovation. The ratepayer submit...




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Shipping: Are we exclusive?

Background In Compania Sud Americana de Vapores SA (“CSAV”) v. Hin-Pro International Logistics Ltd (“Hin-Pro”)1 the Court of Appeal considered the decision of Cooke J reported in [2014] EWHC 3632 (Comm). The central question ...




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Shipping: the Privy Council’s interpretation of permissive language in arbitration clauses

Anzen Limited & Another v Hermes One Limited In the case of Anzen Limited v Hermes One Limited [2016] UKPC 1, the Privy Council considered the use of permissive language in an arbitration clause.  Specifically, the Council considered what o...




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Alstom Transport UK Limited v London Underground Limited: Automatic suspension lifted

On 27 June 2017, the court ordered the lifting of the automatic suspension in the case of Alstom Transport UK Limited v London Underground Limited [2017] EWHC 1521 (TCC). The resulting judgment includes some interesting comments on the correct test ...




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UK: The “Fourth Rail Package” – Significance for the UK Rail Industry?

The Fourth Rail Package, which was introduced between June and December 2016, is a set of six items of EU legislation designed to increase the reliability and competitiveness of European railways in accordance with the EU’s liberalisation agen...




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Airlines Face Turbulence Over Compensation Payments Following Supreme Court Decision

Intro / Summary The Supreme Court has refused to grant Emirates permission to appeal the Court of Appeal’s decision in the joint case of Gahan v Emirates and Buckley and ors v Emirates meaning the Court of Appeal’s decision to award comp...




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Tunisia: The Prime Minister launches strategic pipeline of over 30 new large-scale PPP projects at International Investor Forum

Following close consultation with IFI's including the IFC, World Bank and EBRD, Tunisia has launched a review process to aid with the structuring and implementation of new PPP projects. Eversheds Sutherland was privileged to have been spec...




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CSC-EWC Visiting Scholars Program

China Scholarship Council–East-West Center Visiting Scholars Program at the East-West Center in Honolulu, Hawai'i

The East-West Center (EWC) welcomes scholars and analysts from China who wish to participate in the “China Scholarship Council – East-West Center Joint Program” to consider applying for placement as “CSC-EWC Visiting Scholars” at the EWC in Honolulu, Hawai'i. These placements are designed for scholars who wish to undertake research and writing on topics of relevance to contemporary US-Asia policy that will compliment the Research Program’s three broad thematic areas: governance, security and justice; environment, population and health; and innovation, economic integration and growth as well as higher education policy.




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Pacific Islands Tourism Professional Fellows Program-Fall 2020

The East-West Center's Professional Development Program is pleased to announce that applications are now being accepted for the Fall 2020 Cohort of the Pacific Islands Tourism Professional Fellows Program.




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Shining a light on what “necessity” means for GDPR & tightening up “contract” as a lawful processing ground in the context of “online services”

The European Data Protection Board (EDPB) has published a set of guidelines (in draft) for public consultation. These will be absolutely key to providers of online services, such as social media, e-commerce, internet search engines, communication an...




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What “necessity” means for GDPR – our eight point summary

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Taking stock - what has and hasn’t been working since the GDPR’s introduction last May

Lorna Doggett examines what has and hasn’t been working since the GDPR’s introduction last May. To read the full article click here > This article was published in the April 2019 edition of Intellectual Property Magazine, and is repro...




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Six reasons to care about Brazil’s new data protection law

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Irish Data Protection Commissioner (DPC) issues guidance on CCTV for controllers

The DPC has published useful guidance on CCTV usage for controllers. The guidance is intended to assist owners and occupiers of premises to understand their responsibilities and obligations regarding data protection when using CCTV. This is particul...




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Operational Resiliency for Financial Institutions

The operational resilience of retail banks operating in the United Kingdom has come under increased scrutiny following a number of high-profile IT failures and cyber-attacks. Regulators have shown a willingness to impose significant penalties for IT...




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ICO updates guidance on ‘manifestly unfounded’ and ‘excessive’ in the context of responding to individuals’ rights

What you need to know UK regulatory guidance has been updated to explain what ‘manifestly unfounded’ and ‘excessive’ means in relation to the individual rights of data subjects under GDPR. This includes but is not limited to ...




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Bank Negara Malaysia - Policy Guidance on ‘Risk Management in Technology’ (‘RMiT’)

The Central Bank of Malaysia or Bank Negara Malaysia (‘BNM’) on 18 July 2019 issued another policy document which sets out its requirements to the nation’s Financial Institutions (‘FIs’) management of technology risk. W...




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Decision of the Higher Regional Court of Frankfurt am Main on bundling of consents in sweepstakes

In its decision of 27. June 2019 (Ref. 6 U 6/19), the Higher Regional Court of Frankfurt am Main ruled that participation in a sweepstakes can be made dependent on participants giving their consent to receive future marketing via e-mail or calls. In...




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ICO in action: Ban on unsolicited marketing calls to members of pension schemes

This speed read follows on from our briefing in November 2018 in which we explained that the government had proposed a change in law to implement a ban specific to pensions related cold calling.  At that time it was estimated that 10.9 million ...




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Disinformation and the digital wild west

The digital modern age offers huge potential – the sharing of new technologies, the promotion of economic growth and the ability for instant communication. But whilst products of this age, such as social media, may help to progress today&rsqu...




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Coronavirus – Data Protection considerations for alternative communication platforms – Global

How does the communication within a team take place in the home office? Due to the increasing intensity of preventive measures against the spread of corona, more and more companies are closing down their locations and, where possible, relocating bus...




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When does private no longer mean private? Implications of a challenge to the SFC’s accessing of digital devices in an investigation

The Hong Kong Court has recently confirmed the Securities and Futures Commission (“SFC”)’s powers to seize, search and compel access to digital devices rejecting challenges to such powers based on privacy grounds. Data privacy is a...




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Punjab Police Sub Inspector and ASI Jobs 2019 PPSC Apply Online

SUB INSPECTOR (BS-14) (OPEN MERIT) 432 POSTS ON REGULAR BASIS Punjab Police has announced Sub Inspector and Assistant Sub Inspector Jobs 2019




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The General Court annuls the Commission’s 2016 decision on the Belgian excess profit tax rulings

The General Court of the European Union annulled on 14 February the European Commission’s decision of 11 January 2016 (Decision (EU) 2016/1699), in which it had found that Belgium’s excess profit exemption scheme was incompatible with EU...




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UK competition regime set to become stricter and more burdensome for businesses post-Brexit

The UK’s departure from the EU is set to lead to a significant change to the UK’s overall approach to competition law. Currently, the UK is required to retain close alignment with EU competition law, which includes respecting the Europea...




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CMA's merger enforcement powers could become more intrusive

On 3 June 2019, the Competition and Markets Authority (“CMA”) published a report1 by economic consultancy firm Lear, commissioned by the CMA, on merger control in digital markets (“Report”). On the...




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Court of Appeal upholds CMA's online sales ban decision in the golf equipment sector

  On 21 January 2020, the Court of Appeal (‘CoA’) upheld the Competition Appeal Tribunal (‘CAT’) judgment, finding that Ping Europe Ltd (‘Ping’) breached competition law by prohibiting its retailers from sell...




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Highest EU court confirms pay for delay settlement agreements may be abusive and restrict competition by object or effect

On 30 January 2020, the Court of Justice of the EU (“CJEU”) confirmed that an agreement in settlement of a patent dispute in the pharmaceutical sector may constitute a restriction of competition by object or effect, as well as an abuse o...




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The European Commission’s public consultation on the reform of the Generalised Scheme of Preferences (GSP) Regulation

On 11 March 2020 the European Commission (Commission) launched a public consultation on  possible reforms to the Generalised Scheme of Preference (GSP) Regulation (EU Regulation No. 978/2012 of 25 October 2012) (GSP Regulation). As the GSP Regu...




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The position of the right of pledge after bankruptcy on goods that are delivered subject to retention of title

On 3 June 2016, the Supreme Court ruled that a valid right of pledge can be established on goods that are delivered subject to retention of title (of ownership). If the buyer is declared bankrupt, the conditional ownership can become an uncondition...




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Law & Business 2017. Key changes. Trends and challenges

We are pleased to present to you our brochure which reviews the changes in the Polish law that we believe will have a major impact on business in Poland in 2017.



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Regulating firms’ culture - The increasing focus by financial regulators internationally on supervising firms’ culture

Introduction Financial services firms’ corporate governance and risk cultures is a ‘hot’ topic with financial regulators globally. Regulators have noted that serious corporate governance and conduct failings of financial services f...




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MiFID II and MiFIR - Italian transposition

On 28 July 2017 the Legislative Decree transposing Directive 2014/65/EU on markets in financial instruments (MiFID II) and Regulation (EU) 600/2014 (MiFIR) in Italy (the “Decree”) has been finally approved.The Decree amends and integrate...




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When off-plan doesn’t go to plan – security issues in residential developments

A recent High Court judgment provides a reminder of the rules governing the priority of security interests in an insolvency scenario, and also illustrates some of the potential pitfalls of purchasing apartments off-plan (Williams & Anor v Broado...




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EU Securitisation Regulation – Considerations for AIFMs, UCITS managers and institutional investors

Overview The Securitisation Regulation (Regulation) comes into force on 1 January 2019, establishes a general framework for securitisation and creates a specific framework for simple, transparent and standardised securitisation. The Regulation is a ...




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Eversheds Harry Elias Enhances Banking and Financial Services Practice with First Lateral Partner Hire since merger

  The Singapore office of global legal practice Eversheds Sutherland today announced the appointment of Gerard Ng as a partner in the Banking and Financial Services Practice group. With over 20 years of experience, Gerard is a specialist in len...




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Sterling LIBOR Transition: Focus on Term SONIA

New LIBOR transition publications On 16 January 2020, the Bank of England, Financial Conduct Authority and Working Group on Sterling Risk-Free Reference Rates published a set of documents outlining priorities and milestones for sterling LIBOR transi...




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Coronavirus – Commission issues competition framework for co-ordination of essential scarce products - Europe

Executive summary On 8 April 2020, the European Commission issued a Temporary Framework Communication enabling it to: issue “comfort letters” in respect of specific temporary competitor co-ordination projects; and explain the criteria it...




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UK: European Commission (Re) Approves GB Capacity Market

The European Commission (“EC”) has now completed its in-depth investigation of Britain’s capacity market scheme (“CM scheme”), which was introduced in 2014 following EU state aid approval to help safeguard security of e...




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Harmonising corporate governance framework for South African mining companies: King IV, companies act and the mining charter

  The BEE Commission’s report 2018, between 2017 and 2018, had no significant change in the levels of transformation, with black ownership reflecting a decline to 25.2% from 27% and current management control still sitting at 38% for blac...




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Energy Transition Club

Eversheds Sutherland Clean Energy and Sustainability Group is delighted to tell you that we have created the Energy Transition Club (ETC), which will operate globally and will bring together key participants focused on delivering the transition to ...




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Amendments to the UK Gas Transmission Charging Regime

Ofgem:Amendments to Gas Transmission Charging regime-minded to decision and draft impact assessment (published on 23 December 2019) The Office of Gas and Electricity Markets (Ofgem), the regulator for downstream natural gas markets, has published a ...