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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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Competition and Markets Authority publishes updated retail mergers commentary

Introduction The Competition and Markets Authority (“CMA”), the authority responsible for operating and enforcing the UK merger control regime, has published its updated Retail Mergers Commentary (“New Commentary”).1 The CMA ...




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German competition authority issues guidance paper on resale price maintenance in the retail food sector

In July 2017, the German Federal Cartel Office (“FCO”) published a detailed guidance paper (the “Guidance Paper”) on resale price maintenance (“RPM”) in the retail food sector. The purpose of the paper is to expl...




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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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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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Update: The Competition and Markets Authority’s consultation on proposed guidance for the evaluation of competition issues in passenger rail franchise awards

Background The Competition and Markets Authority (“CMA”) has recently published draft guidance on its approach to assessing rail franchise awards under its merger control powers (the “Draft Guidance”)1. The guidance has been ...




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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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ORR publishes an update letter on the variable usage charge and infrastructure cost charges

Background Periodic reviews are one of the principal mechanisms by which the Office of Rail and Road (“ORR”) holds Network Rail to account, and secures value for money for users and funders of the railway. The ORR’s periodic review...




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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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Regulation of Network Rail - ORR publishes its final determination for CP6

Background The Office of Rail and Road (the “ORR”) has issued its final determination (“Final Determination”) on the regulatory review of Network Rail (“NR”), known as the 2018 Periodic Review (“PR18”)...




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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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Korea-United States Journalists Exchange

The East-West Center announces the 2020 Korea-United States Journalists Exchange scheduled for August 23 - September 2, 2020. This 14th Exchange will focus on relations between North and South Korea, the US and ROK, and South Korea and its neighbors. The program aims to give both Korean and US journalists a clear understanding of how the Trump and Moon administrations are managing their alliance relationship despite the tensions regarding Washington’s request that South Korea increases its financial support for US troops stationed there. Additionally, due to the lack of progress in US-North Korea negotiations, the North-South Korea dialogue has been set back; North Korea refuses to progress further with the South until there is more headway in US-NK talks.




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The new Swedish Protective Security Act

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Stepping into the breach - Managing cyber risks with insurance

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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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ICO issues the long awaited data sharing code of practice for consultation

The ICO has launched a public consultation on its new draft data sharing code of practice. The consultation period ends on 9 September 2019. It is an update of the previous code, to align it with GDPR so as to address transparency, lawful bases for ...




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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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A transparent process: Irish DPC issues new guidance on data sharing in the public sector

The Data Protection Commission (“DPC”) issued guidance on data sharing in the public sector. The DPC noted its support for developing more efficient and customer-centric public services and sought to clarify the public sector obligations...




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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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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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Speed read: Useful November 2019 guidelines on controller, processor and joint controllership concepts from the European Data Protection Supervisor

Summary On 7 November 2019 the EDPS issued guidance on how to determine who is a controller, processor and joint controller. The EDPS is an independent supervisory authority whose primary objective is to ensure EU institutions and bodies respect the...




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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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BISE Lahore 10th Class Result 2019

Finally, the wait is over. Students, now you can check your result on this page. Share with your friends also. Enter




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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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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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UK Competition law – Is it fit for the digital economy?

With the rapid growth of the digital economy, a number of competition authorities, as well as governments1 are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, the Government commiss...




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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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Internal Monitoring - The Legislator reverts to the issue of antitrust compliance

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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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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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Coronavirus - Impact on International Trade & overview of unilateral protectionist measures

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...




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Coronavirus - Impact on International Trade & overview of unilateral protectionist measures

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...




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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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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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Bitcoin is not so black as it is painted…

Digital currency has been arousing a lot of interest for some time. In public administration circles - at least officially – so far, it has not been discussed very much. A few days ago though, the situation has changed. The National Bank of Po...




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HKMA publishes DLT Whitepaper 2.0

On 25 October 2017, the Hong Kong Monetary Authority (“HKMA”) published the Whitepaper 2.0 (“Whitepaper 2.0”) on Distributed Ledger Technology (“DLT”). This Whitepaper 2.0 provides practical advice on over 20 gove...




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Rescue Culture - MK Airlines Limited (In Liquidation) (the “Company”) - Administration expenses, misfeasance and priority

Key points: • In a judgment supportive of the rescue culture in English insolvency, the court has reaffirmed its flexible approach to the application of insolvency provisions and willingness to look at the practical effect of transactions in re...




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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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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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Coronavirus - German Federal Government plans legislative package to mitigate consequences of COVID-19 - Germany

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...




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Coronavirus - Economic Stabilisation Fund - Germany

State recapitalisation aid to companies in the Covid 19 crisis 1. Overview | within a very short time, the German legislator passed a law to establish an Economic Stabilization Fund (ESF) | the aim is to stabilize the companies in the real economy a...




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Coronavirus - Judicial comment on temporary ban on Statutory Demands and Winding-up Petitions... and opportunism! - UK

In Re Saint Benedict's Land Trust ...




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CMA to publish guidance for IVF sector on consumer law obligations

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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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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64MW Wind Farm Granted in the Scottish Highlands

Eversheds Sutherland has helped to secure Electricity Act 1989 consent from the Scottish Ministers and deemed planning permission for Limekiln Wind Farm, a 21 turbine wind farm with an estimated generation capacity of 64MW based in the Highlands. Th...