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 ...

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...

As we have recently reported, a number of competition authorities and governments are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, on 13 March 2019 a specially commissioned panel...

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...

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...

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...

On 8 October 2019, the Government announced changes to the UK’s temporary tariff regime for certain products in the event of a no-deal Brexit. Under the proposals, which were first published on 13 March 2019 , the Government intended to introd...

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 ...

The Italian legislation on private antitrust enforcement (Legislative Decree no. 3 of 19 January 2017 - Decree) has implemented the EU Directive no. 2014/104. The Decree sets out the rules according to which any natural or legal person who has suffe...

On 13 December 2019, the US Department of Justice (DOJ) announced a revised Export Control and Sanctions Enforcement Policy for Business Organizations (Revised EC/S Policy),1 clarifying its prior guidance on voluntary self-disclosure requirements fo...

  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...

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...

Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi...

Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi...

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...

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....

  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...

In two recent judgments, both rendered on 16 October 2015 (which can be found here and here) the Supreme Court ruled on the sustainability of a legal construct often used by banks called the equity surplus-arrangement. A variant of the...

  Pursuant to Article 3:246 paragraph 1 of the Dutch Civil Code (DCC) pledgees have the power to enforce their right of pledge on receivables by claiming (direct) payment of the receivable. This power also includes the right to enforce rights o...

The case of So Sau Lai Connie v DBS Bank (Hong Kong) Ltd [2017] HKEC 29 is a typical letter of credit fraud case. This case illustrates whether certain “red flags” may constitute discrepant presentation or a fraud indication. Background ...

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...

  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...

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...

Changes to the insolvency, civil and criminal procedural law The German Federal Government is currently planning various support measures for entrepreneurs, sole traders, other small, medium and large companies and credit institutions to mitigate t...

On 20th April, the UK Government announced a £500m “Future Fund”, as part of its package of measures to support businesses in response to the coronavirus.  What is the Future Fund? The Future Fund is being set up with the aim ...

In Re Saint Benedict's Land Trust ...

On 7 February 2020 the Competition and Markets Authority (“CMA”) launched a review into the IVF sector. The review stems from concerns that IVF clinics may not be compliant with UK consumer law on the basis that they are not aware of the...

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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...

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...

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...

On 12 July 2019, certain provisions of the Competition Amendment Act 18 of 2008 (“Amendment Act”) came into effect. This article deals with specific noteworthy amendments which impact the mining industry. New definitions and industry spe...

  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...

Background On 9 January 2020, REPDO invited developers to prequalify via a request for qualifications (“RfQ”) for the third round of the NREP in the Kingdom of Saudi Arabia. Third round of the NREP There will be four photovoltaic (&ldquo...

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 ...

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At the end of 2019, China dominated the world’s generation of installed capacity and consumption of renewable energy, with wind power capacity accounting for one third of the world’s total and PV power capacity accounting for one fo...

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...

The Tunisian Government makes a huge step towards the deregulation of the renewable power market by amending the 2016 auto-consumption regime. The Decree 2020-105 has amended the 2016 auto-consumption regime legal framework. The 2016 regulation requ...