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Lawyers: Investigators recommend whistleblower is reinstated

Federal investigators have found "reasonable grounds" that a government whistleblower was punished for speaking out against widespread use of an unproven drug that President Donald Trump touted as a remedy for COVID-19, his lawyers said.




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Store workers become enforcers of social distancing rules

Sandy Jensen's customer-service job at a Sam's Club in Fullerton, California, normally involves checking member ID cards at the door and answering questions. But the coronavirus has turned her into a kind of store sheriff.




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Coronavirus - Commercial law overview - UK

As the outbreak of the latest coronavirus spreads across the globe, the consequences for commercial transactions are evolving. From what was initially a shorter term focus on immediate impact, all of us in business are now in the position of plannin...




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UK Pensions speedbrief - Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance

Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance The Pensions Regulator has published its first section 89 report relating to breaches of the aut...




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The World Cup, Le Tour de France and the Commonwealth Games: Tempting times for ambush marketing

During major sporting events, certain brands will actively pursue an “ambush marketing” strategy meaning that they will deliberately seek to associate their products with an event, despite not being one of the official sponsors. However,...




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China’s Ministry of Commerce announces intention to investigate 80 industries regarding possible anti-competitive conduct

The Chinese Ministry of Commerce (“MOFCOM”) recently announced the intention of the Chinese competition authorities to step up the number of their investigations into possible anti-competitive and abusive market conduct.  Chinese co...




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European Commission aims to level the playing field between suppliers and large customers by introducing recommendations on unfair trade practices

European Commission aims to level the playing field between suppliers and large customers by introducing recommendations on unfair trade practices The European Commission recently adopted a Communication encouraging EU Member States to look at ways ...




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Cooperation agreements between French large retailers to be reviewed by the French Competition Authority

The French Competition Authority (FCA) is entitled to give advisory opinions on any competition matter, in particular for the attention  of the French Government and the Parliament. The FCA has been recently asked to give its opinion on coopera...




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Dutch regulator decides ‘Chicken of Tomorrow’ falls foul of competition law

The Netherlands Authority for Consumers and Markets (the “ACM”) has ruled that arrangments concerning a new form of sustainably reared chicken, known as the ‘Chicken of Tomorrow’, which lead to other forms of chicken being re...




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Commodities bulletin: Dairy

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Environment, Food & Rural Affairs Committee report – Regulation of the water industry

The EFRA Select Committee’s report into regulation of the water sector was published on 9 October 2018. Its key conclusions & recommendations are outlined below. Water transfers Water transfers should play an important role in increasing s...




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Coronavirus - Update for UK companies - UK

Year end reporting and filing accounts Year end reporting and audit As a reminder, the Financial Reporting Council (FRC) published advice to all companies and auditors in February on COVID-19 related risk disclosures in year-...




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Coronavirus - Impact on AGMs and other matters for traded companies – UK

For listed and traded UK companies with a 31 December year end, the COVID-19 pandemic and the potential  for further tightening of restrictions on gatherings and travel in the UK raise particular issues as they enter into reporting and AGM seas...




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Coronavirus - FCA announces additional measures to aid listed companies with fundraisings - UK

Listed companies and recapitalisation issuances The FCA has announced a series of measures aimed to assist companies in raising additional capital in response to the Coronavirus crisis, whilst at the same time aiming to retain appropriate protection...




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Coronavirus - Guidance issued to Remuneration Committees - UK

The Investment Association (IA) has issued guidance to UK listed companies on how to approach executive pay issues during the COVID-19 pandemic. The IA published a Full Article



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Community Infrastructure Levy: Removal of Regulation 123

The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 are due to come into force on 1 September 2019. The 2019 Regulations were introduced by the Government earlier this year, alongside their response to the technical cons...




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Recommendation on the protection of health-related data

Recommendation CM/Rec(2019)2 of the Committee of Ministers to member States on the protection of health-related data Mobile health apps and other technical applications in the health sector are becoming more and more popular. Whether it's heart rate...




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Open Consultation – UK Implementation of the European Electronic Communications Code

Precis The Department for Digital, Culture, Media & Sport (“DCMS”) have opened a consultation[1] which seeks stakeholder’s views on the proposed approach to the implementation of the European Electronic Communications Code Dire...




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The European Commission White Paper on Artificial Intelligence published

  Throughout 2019, we saw a growing promulgation of guidance, consultations and new laws across the world. In light of such a regulatory landscape beginning to form, there is growing debate as to whether or not Artificial Intelligence (“A...




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Local Government Briefing Note 39 of 2012: Registered Providers to face longer, more complicated and more expensive claims?

Registered Providers to face longer, more complicated and more expensive claims? The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LAPSO") LAPSO received Royal Assent on 1 May 2012 and will come into force on 1 April 2013. It will hav...




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Buyer beware – Mystery Shopper is out there…and there is more to come!!

Although the "Mystery Shopper" has been around since February 2011, with the release of the Public Procurement Note 09/15 ("PPN 09/15") on 1 June 2015, we can expect to see a rise in the number of procurement investigations. PPN 09/15 explains the n...




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THE NEW OFFICIAL WARNINGS, A SIGNIFICANT INCREASE IN THE CHARITY COMMISSION’S POWER?

Closing a loophole? One of the key features, and one of the most contentious provisions, of the Charities (Protection and Social Investment) Bill 2015 (“the Bill”) is the new power it will grant the Charity Commission (“the Commission”) to issue of...




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Is the UK fashion sector anti-competitive? Competition and Markets Authority investigation launched

Competition Law E-Briefing: Fashion sector competition probe On Tuesday 24 March 2015, the UK’s competition regulator, the Competition and Markets Authority (the “CMA”), opened an investigation into suspected anti-competitive arrangements in the UK ...




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UPC Preparatory Committee launches fees consultation

The Preparatory Committee for the Unified Patent Court (“UPC”) has published a consultation document providing the proposed fee structure of the UPC, a table of court fees, and details of the ceilings for recoverable costs. The consultat...




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E-Commerce Sector Inquiry E-Briefing

  Introduction On 6 May the European Commission (“the Commission”) announced the launch of a competition law inquiry into the e-commerce sector, where it is believed that companies who engage in selling via the internet may be employing methods...




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Closing the GAP: Guaranteed Asset Protection insurance - competition remedy

New rules in the FCA’s policy statement on Guaranteed Asset Protection (GAP) insurance (PS15/13) are about to change the way GAP insurance sold alongside the sale of a motor vehicle (add-on GAP Insurance) is sold to both consumers and commerci...




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Commission probes online restrictions on retailers - e-commerce sector inquiry update

It has been reported that the European Commission (the “Commission”) is asking retailers to detail the difficulties they face while trying to sell their products online, as part of the lengthy questionnaires sent to the retailers followi...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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Commission blocks Hutchison’s takeover of O2

On 11 May 2016 the Commission blocked an acquisition of Teléfonica UK’s O2 by Hutchison 3G UK’s Three, casting doubt on the acceptability of ‘four to three’ mergers in the mobile sector. The Commission expressed concer...




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French Competition Authority puts model agencies’ price-fixing practices in the spotlight

On 29 September 2016, the French Competition Authority (l’Autorité de la concurrence - the “Autorité”) imposed a fine of EUR 2.4 million on 37 model agencies and their main trade association, the SYNAM, in relation to...




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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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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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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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Rail Technology: The Transport Select Committee makes recommendations for the delivery of the Digital Railway programme

What is the Digital Railway programme? The Digital Railway programme is a Network Rail led initiative to modernise train command, control and signalling systems used on the British railway network with the aim of substantially improving the capabili...




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ORR opens consultation on changes to complaints handling

Background The Office for Rail and Road (“ORR”) has opened a consultation on its proposals to introduce a voluntary binding Alternative Dispute Resolution (“ADR”) scheme for the resolution of consumer complaints in the rail s...




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Transport for the North to become a statutory body

Background As part of the Government’s commitment to the “Northern Powerhouse” agenda, legislation to turn Transport for the North (“TfN”) into a statutory sub-national transport body with legal powers and duties has be...




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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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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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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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Commencement of the Protection of Personal Information Act – 1 April 2020

President Cyril Ramaphosa has received a request from the Information Regulator Chairperson to declare that the remaining provisions of the Protection of Personal Information Act (POPIA) commence on 1 April 2020. If the President acts on the Informa...




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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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Coronavirus - Protecting your company and brand - Global

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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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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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UK competition regime set to become stricter and more burdensome for businesses post-Brexit

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...




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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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Greater EU Competition Enforcement needed in the Digital Era

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...