ca When can sales via online platforms be restricted? By www.eversheds.com Published On :: 2015-12-23 Selective Distribution – Some recent developments in the adidas case: when can sales via online platforms be restricted? On 18 November 2015, the Autorité de la concurrence (the “French Competition Authority” or “... Full Article
ca E-commerce: can luxury brands prevent retailers selling via online marketplaces? By www.eversheds.com Published On :: 2017-07-31 On 26 July 2017, the European Court of Justice (“ECJ”) published an opinion issued by Advocate General Nils Wahl (the “AG’s Opinion”) indicating that luxury brands may prevent retailers from selling via online marketpla... Full Article
ca Coronavirus - Block Exemption for the Retail Property Sector South Africa By www.eversheds.com Published On :: 2020-04-03 The Covid-19 Block Exemption for the Retail Property Sector (the “Regulations”) were published on 24 March 2020 in response to the declaration of the National State of Disaster. The Regulations exempt certain agreements or practices with... Full Article
ca The impact of foreign limitation law on English shipping cases By www.eversheds.com Published On :: 2016-06-30 The Foreign Limitation Periods Act 1984 (the Act) sets out the procedure to be followed when a claim is proceeding in the courts of England and Wales and the laws of any other country apply. Given the international nature of the shipping industry,... Full Article
ca Shipping: Worth the risk? USD 100 million case struck out for deliberate failure to give disclosure By www.eversheds.com Published On :: 2016-07-04 Suez Fortune Investments Ltd and another v Talbot Underwriting Ltd [2016] EWHC 1085 (Comm) Introduction On the 15 January 2015, the English Commercial Court handed down a decision that highlights the importance of compliance with disclosure obligati... Full Article
ca Spar Shipping A.S v Grand China Logistics Holding (Group) Co. Ltd [2016] EWCA CIV 982 By www.eversheds.com Published On :: 2016-12-06 In this case, the Court of Appeal provided a long awaited decision answering whether a charterer’s failure to pay an instalment of hire punctually is a breach of condition under a time charterparty thus enabling the shipowner to terminate the ... Full Article
ca UK: The Fourth Rail Package Significance for the UK Rail Industry? By www.eversheds.com Published On :: 2017-08-10 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... Full Article
ca Tunisia: The Prime Minister launches strategic pipeline of over 30 new large-scale PPP projects at International Investor Forum By www.eversheds.com Published On :: 2018-10-01 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... Full Article
ca Progress towards recast Regulations to strengthen rail passengers' rights By www.eversheds.com Published On :: 2020-01-22 On 2 December 2019, the European Council agreed to update Regulation 1371/2007 (the “Regulation”) on rail passengers’ rights and obligations. The proposed amendments to the Regulation aim to strengthen the rights of passengers wher... Full Article
ca Coronavirus Department of Transport Regulations South Africa By www.eversheds.com Published On :: 2020-04-01 A notice was published in the government gazette on 30 March 2020, in terms of which the minister of transport (the “Minister”) has, in terms of section 18(7) of the National Road Traffic Act (No. 93 of 1996), extended the licensing and ... Full Article
ca Data Privacy Implications of the use of CCTV Footage in the press By www.eversheds.com Published On :: 2019-04-24 On 16 April 2019, a controversial 16-minute video containing footage of a what is believed to be a taxi journey taken by two Hong Kong celebrities, Andy Hui Chi-on and Jacqueline Wong, was published on the website of a local newspaper. This publicat... Full Article
ca Six reasons to care about Brazils new data protection law By www.eversheds.com Published On :: 2019-06-11 ... Full Article
ca ICO updates guidance on timescales for responding to individuals rights: Date of receipt is day one By www.eversheds.com Published On :: 2019-08-16 What you need to know UK regulatory guidance has been updated to the effect that the timescale for responding to individuals’ requests (including subject access requests) is one calendar month from the day of receipt of the ... Full Article
ca German data protection authorities agree on calculation model for GDPR fines By www.eversheds.com Published On :: 2019-10-14 While fines recently imposed by the French and UK data protection supervisory authorities have been high, the supervisory authorities in Germany have so far imposed rather moderate penalties. This could now be changed by a new model for calculating ... Full Article
ca ICO in action: Ban on unsolicited marketing calls to members of pension schemes By www.eversheds.com Published On :: 2019-10-18 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 ... Full Article
ca ICO launches consultation on its application for POCA enforcement powers By www.eversheds.com Published On :: 2019-11-26 The Information Commissioner’s Office (“ICO”) has asked to be given the ability to exercise various powers (and gain access to investigation) under the Proceeds of Crime Act 2002 (“POCA”), and has opened a consultation ... Full Article
ca Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II By www.eversheds.com Published On :: 2019-12-19 What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article
ca Coronavirus Data Protection considerations for alternative communication platforms Global By www.eversheds.com Published On :: 2020-03-25 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... Full Article
ca When does private no longer mean private? Implications of a challenge to the SFCs accessing of digital devices in an investigation By www.eversheds.com Published On :: 2020-04-01 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... Full Article
ca CAT rejects Electro Rent appeal against procedural fine By www.eversheds.com Published On :: 2019-02-14 The Competition Appeal Tribunal (CAT) has dismissed an appeal by Electro Rent against a fine of £100,000 imposed for failing to comply with the terms of an interim order (the “order”). Interim orders are a key tool employed by the ... Full Article
ca FCA imposes fines in first competition enforcement case By www.eversheds.com Published On :: 2019-02-21 Competition partner Julia Woodward-Carlton, who acted for one of the main parties on this case, considers the decision and potential implications of the case in this article. The Financial Conduct Authority (‘FCA’) has today issued ... Full Article
ca Case C-260/17, Anodiki Services EPE: interpreting the scope of the employment contracts exemption under EU procurement legislation By www.eversheds.com Published On :: 2019-03-05 Case C-260/17, Anodiki Services EPE1: interpreting the scope of the “employment contracts” exemption under EU procurement legislation Introduction The judgment relates to a request for a preliminary ruling made by Greece’s Council ... Full Article
ca Narrow or Wide? Court aligns Germany with other jurisdictions on MFN-Clauses in Bookings.com case By www.eversheds.com Published On :: 2019-06-07 On 4 June 2019 the Higher Regional Court of Düsseldorf ruled in favour of Booking.com’s revised “narrow” Most Favourite Nation (“MFN”) clause (Case No. VI-Kart 2/16 (V)). The reactions were predictable. German hote... Full Article
ca UK Government loses case relating to Saudi Arabia arms exports By www.eversheds.com Published On :: 2019-06-25 On 20 June 2019, the UK Court of Appeal ruled that the UK Government’s decision to continue licensing exports of military equipment to Saudi Arabia for possible use in the conflict in Yemen was unlawful. The judgment comes amidst global concer... Full Article
ca Case comment: Amey Highways Limited v West Sussex County Council By www.eversheds.com Published On :: 2019-07-01 The recent High Court decision in Amey Highways Limited v West Sussex County Council has clarified that abandoning a procurement will not automatically extinguish pre-existing causes of action. Breaches of the procurement regulations which res... Full Article
ca FCAs Market Study into General Insurance Pricing Practices: Pricing interventions proposed to tackle competition concerns By www.eversheds.com Published On :: 2019-10-09 The FCA has published its interim report in relation to its market study into how general insurance firms charge their customers for home and motor insurance (Interim Report). The FCA has provisionally found that the market is not working well for ... Full Article
ca The Italian Competition Authoritys enforcement against so called IBAN discrimination practices By www.eversheds.com Published On :: 2019-12-03 Introduction The Italian Competition Authority (“ICA”) has recently adopted a harsh approach imposing quite significant fines on those operators who accept direct debit payments only to the extent that their customers are holders of an ... Full Article
ca CMA fines pharmaceutical companies for market sharing and information sharing By www.eversheds.com Published On :: 2020-03-09 On 4 March 2020, the Competition and Markets Authority (“CMA”) fined four pharmaceutical companies for breaching competition law through market sharing and the exchange of competitively sensitive information relating to the supply of nor... Full Article
ca Coronavirus Podcast series: Competition and Coronavirus - Global By www.eversheds.com Published On :: 2020-04-29 Join us in a series of podcasts, where we address the key issues impacting the global Competition landscape as a result of the coronavirus pandemic. Episode 1: Competition and Cooperation during Covid-19 This podcast is a panel style discussion mode... Full Article
ca Competition Tribunal adopts structured methodological approach to penalties By www.eversheds.com Published On :: 2020-05-06 Introducing Hong Kong’s four-step fining framework… On 29 April 2020, Justice Godfrey Lam, President of the Competition Tribunal, handed down judgment in relation to the fines to be imposed on the parties in the W. Hing and Others case.... Full Article
ca Coronavirus - Consumer cancellation and refund guidelines - UK By www.eversheds.com Published On :: 2020-05-06 On 30 April 2020, the Competition and Markets Authority (“CMA”) released a statement on consumer protection law in relation to cancellations and refund complaints. The coronavirus outbreak has seen a significant increase in consum... Full Article
ca Coronavirus - Communication on relaxation of competition law - Italy By www.eversheds.com Published On :: 2020-05-07 Introduction The coronavirus has forced antitrust authorities both at EU and national level to adopt an exceptional approach on competition rules. At an EU level, on 8 April the European Commission approved specific guidance to guide companies in t... Full Article
ca Banks owe no duty of care to an applicant of an injunction order By www.eversheds.com Published On :: 2017-11-29 The position of banks being served with a Mareva injunction order has been clarified in Hong Kong. In the recent case of Grasberg Capital Asia Limited v Bank of Communications Limited (HCA 2016/784)*, the Court considered the question of whether a b... Full Article
ca What is market value and how can officeholders demonstrate it has been obtained? A look at Re One Blackfriars Ltd: Hyde v Bannon By www.eversheds.com Published On :: 2018-12-28 ... Full Article
ca A case study in receivership practice: Devon Commercial Property Limited v Robert Adrian Barnett, Robert John Blecher By www.eversheds.com Published On :: 2019-06-13 Key Points • The self-dealing rule does not extend to a sale by a receiver to a party in which the mortgagee has an interest. • Although the duties of a receiver and a mortgagee are similar as to the Property, a receiver, unlike a mortgage... Full Article
ca Coronavirus Impact on the medical device industry Europe By www.eversheds.com Published On :: 2020-04-07 ... Full Article
ca Coronavirus Commission issues competition framework for co-ordination of essential scarce products - Europe By www.eversheds.com Published On :: 2020-04-09 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... Full Article
ca Coronavirus - Impacts on clinical trials - Germany By www.eversheds.com Published On :: 2020-04-14 Implications of Covid-19 on the conduct of clinical trials The current Covid-19 pandemic’s impact on European healthcare systems, such as limited or no patient contact; restricted site access; shortage of investigational medicinal products; t... Full Article
ca UK: Worlds first sustainable low-carbon greenhouse project By www.eversheds.com Published On :: 2019-10-14 Advising on an innovative first in the renewables heat sector Eversheds Sutherland has advised Oasthouse Ventures on the development of the world’s first sustainable, low-carbon greenhouse projects. The Clean Energy and Sustainability team fro... Full Article
ca Our Clean Energy and Sustainability Strategy in Africa By www.eversheds.com Published On :: 2019-10-15 Eversheds Sutherland’s Africa Group has recently announced a number of new leadership roles for John Kemkers (Head of the Africa Group), Wesley Pydiamah (Deputy Head of the Africa Group) and Farès Koussay El Heni (Deputy Head of the Afr... Full Article
ca Afghanistan: The Ministry of Energy and Water (Procuring Authority) has launched a request for qualification (RFQ) for a 40 MW solar photovoltaic energy project in the Herat region ("Project") By www.eversheds.com Published On :: 2019-10-24 Background The Procuring Authority has engaged the International Finance Corporation, acting through its Public Private Partnerships Transaction Advisory Services division, to act as lead transaction advisor in relation to the Project. The RFQ will ... Full Article
ca UK: European Commission (Re) Approves GB Capacity Market By www.eversheds.com Published On :: 2019-10-25 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... Full Article
ca Latam: Renewable Energy is Looking Good in Latin America By www.eversheds.com Published On :: 2019-10-31 The Energy & Infrastructure team is delighted to launch its third edition of the Renewable Energy is Looking Good in Latin America brochure. Latin American countries represent 4 of the top 20 most attractive renewable energy markets in the world... Full Article
ca Mining and Environmental newsletter, South Africa By www.eversheds.com Published On :: 2019-12-02 Read our full newsletter in PDF Keep calm and breathe With 2019 coming to a rapid close, and because of the significant impacts that recent environmental trends and changes have on the Mining and Natural Resources Sector, we have decided to consolid... Full Article
ca Mining in Africa in 2020 By www.eversheds.com Published On :: 2019-12-05 South Africa has faced strident calls for the nationalisation of the Mining and Natural Resources sector, which, in my view, is the final step along the spectrum of resource nationalism. Recent events across Africa including in Tanzania, Zambia, and... Full Article
ca Harmonising corporate governance framework for South African mining companies: King IV, companies act and the mining charter By www.eversheds.com Published On :: 2019-12-05 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... Full Article
ca The development of Open Solar Contracts: a sigificant milestone in the standardisation of contracts for international solar By www.eversheds.com Published On :: 2020-02-19 Weare delighted to have partnered with the International Renewable Energy Agency and the Terrawatt Initiative in the development of the Open Solar Contracts which were launched recently at the World Future Energy Summit in Abu Dhabi. The publication... Full Article
ca Coronavirus notification requirements for company reporting UK By www.eversheds.com Published On :: 2020-03-18 As the situation with the COVID-19 outbreak continues to develop in the UK and beyond, there are a few recent developments for UK companies to be aware of. Year end reporting and filing accounts Year end reporting As a reminder, the Financial Report... Full Article
ca Nomura Holdings' (NMR) Management on Q4 2020 Results - Earnings Call Transcript By seekingalpha.com Published On :: Sat, 09 May 2020 00:05:11 -0400 Full Article NMR NRSCF SA Transcripts
ca Athene Holding's (ATH) CEO Jim Belardi on Q1 2020 Results - Earnings Call Transcript By seekingalpha.com Published On :: Sat, 09 May 2020 01:04:04 -0400 Full Article ATH ATH.PA SA Transcripts