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When can sales via online platforms be restricted?

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 “...




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E-commerce: can luxury brands prevent retailers selling via online marketplaces?

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...




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Coronavirus - Block Exemption for the Retail Property Sector – South Africa

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...




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The impact of foreign limitation law on English shipping cases

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,...




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Shipping: Worth the risk? USD 100 million case struck out for deliberate failure to give disclosure

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...




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Spar Shipping A.S v Grand China Logistics Holding (Group) Co. Ltd [2016] EWCA CIV 982

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 ...




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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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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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Progress towards recast Regulations to strengthen rail passengers' rights

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...




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Coronavirus – Department of Transport Regulations – South Africa

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 ...




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Data Privacy Implications of the use of CCTV Footage in the press

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...




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

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ICO updates guidance on timescales for responding to individuals’ rights: Date of receipt is ‘day one’

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 ...




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German data protection authorities agree on calculation model for GDPR fines

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 ...




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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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ICO launches consultation on its application for POCA enforcement powers

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 ...




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Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II

What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article



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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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CAT rejects Electro Rent appeal against procedural fine

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 ...




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FCA imposes fines in first competition enforcement case

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 ...




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Case C-260/17, Anodiki Services EPE: interpreting the scope of the “employment contracts” exemption under EU procurement legislation

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 ...




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Narrow or Wide? Court aligns Germany with other jurisdictions on MFN-Clauses in Bookings.com case

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...




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UK Government loses case relating to Saudi Arabia arms exports

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...




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Case comment: Amey Highways Limited v West Sussex County Council

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...




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FCA’s Market Study into General Insurance Pricing Practices: Pricing interventions proposed to tackle competition concerns

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 ...




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The Italian Competition Authority’s enforcement against so called “IBAN discrimination” practices

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 ...




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CMA fines pharmaceutical companies for market sharing and information sharing

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...




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Coronavirus – Podcast series: Competition and Coronavirus - Global

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...




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Competition Tribunal adopts “structured methodological approach” to penalties

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....




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Coronavirus - Consumer cancellation and refund guidelines - UK

  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...




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Coronavirus - Communication on relaxation of competition law - Italy

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...




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Banks owe no duty of care to an applicant of an injunction order

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...




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What is market value and how can officeholders demonstrate it has been obtained? A look at Re One Blackfriars Ltd: Hyde v Bannon

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A case study in receivership practice: Devon Commercial Property Limited v Robert Adrian Barnett, Robert John Blecher

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...




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Coronavirus – Impact on the medical device industry – Europe

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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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Coronavirus - Impacts on clinical trials - Germany

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...




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UK: World’s first sustainable low-carbon greenhouse project

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...




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Our Clean Energy and Sustainability Strategy in Africa

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...




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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")

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 ...




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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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Latam: Renewable Energy is Looking Good in Latin America

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...




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Mining and Environmental newsletter, South Africa

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...




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Mining in Africa in 2020

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...




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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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The development of Open Solar Contracts: a sigificant milestone in the standardisation of contracts for international solar

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...




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Coronavirus – notification requirements for company reporting – UK

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...




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Nomura Holdings' (NMR) Management on Q4 2020 Results - Earnings Call Transcript




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Athene Holding's (ATH) CEO Jim Belardi on Q1 2020 Results - Earnings Call Transcript