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...

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...

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 ...

  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...

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...

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...

The idea of shifting transactions into the digital space dates back to the beginnings of computer science. The development of blockchain technology has uncovered new possibilities for regulating contractual relationships. Parties to a contract now ...

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 ...

Legal background Often, under a contract, one party will have a right to exercise discretion - the contract will give the party the right to take a decision that affects the rights of both parties. In real estate finance an obvious example of this i...

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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...

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...

In Re Saint Benedict's Land Trust ...

In light of the recent market events, the trading prices of many loans have fallen dramatically. As a result, companies (or their private equity sponsors) may consider utilising the debt buy-back mechanics in their credit agreements. A debt buy-back...

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...

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...

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...

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...

Michelle T Davies Awarded Outstanding Contribution to Smart Energy Michelle T Davies, Partner and International Head of Clean Energy and Sustainability, has won Outstanding Contribution to Smart Energy at this year’s inaugural Women Powering S...

Eversheds Sutherland was delighted to be involved in a project to develop proforma clauses and model laws looking to tackle climate change. The Chancery Lane Project involved 143 participants from 63 organisations, including law firms, climate chang...

The lockdown of public life in Germany and the disruption of global economy due to the Coronavirus also complicate and delay the development, construction and commissioning of renewable energy projects in Germany. This has dangerous consequences as ...

The Low Carbon Contracts Company (“LCCC”), the counterparty for the UK’s Contracts for Difference (“CFD”) scheme, issued an advice note on 7 April 2020 confirming that COVID-19 is capable of constituting a Force Majeure...

This year, the Petersberg Climate Dialogue (PCD), a platform for informal political discussion on climate policy related issues, took place online on 27 and 28 April 2020. One of the highlights of this year’s edition of the Petersberg Climate ...

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