Case C-216/17, Autorità Garante della Concorrenza e del Mercato – Antiturst, Coopservice Soc. coop. arl In its judgment of 19 December 2018 (the &ldq...

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...

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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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 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 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...

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...

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....

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...

On 3 June 2016, the Supreme Court ruled that a valid right of pledge can be established on goods that are delivered subject to retention of title (of ownership). If the buyer is declared bankrupt, the conditional ownership can become an uncondition...

Companies trade in an increasingly global market. Despite this, the process of taking security in support of financial obligations remains essentially a question of the national law in the country where the assets over which security is granted are ...

Companies trade in an increasingly global market. Despite this, the process of taking security in support of financial obligations remains essentially a question of the national law in the country where the assets over which security is granted are ...

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...

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...

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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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...

Coronavirus and the related restrictive measures directly affect not only insolvency proceedings that are already in progress, but can also cause or accelerate financial problems that will lead to bankruptcy and subsequent beginning of insolvency pr...

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...

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...

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...

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 ...

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...

Carrying a statutory legal appointment in terms of the provisions of the Mine Health and Safety Act No. 29 of 1996 (“MHSA”) carries a certain level of prestige in the mining industry, however statutory legal appointees are not always awa...

Mining operations around the country strive to send home employees safely at the end of each shift, by implementing various stringent health and safety measures in their working places. Despite these measures and various safety drives to put health ...

On 23 September 2019, sixteen-year-old climate change activist, Greta Thunberg, gave an emotionally charged speech at the United Nations Climate Action Summit wherein she condemned world leaders for failing to adequately address climate change. Whi...

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...

  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...

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...

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 ...