The Indian Competition Act (CA02) was enacted in 20021. Since its inception, the Competition Commission of India (CCI) has imposed approximately £1bn in penalties on enterprises and their key individuals for their participation in cartels under s3, read with s27, of CA02. The Competition Commission of India (Lesser Penalty) Regulations were enacted in 2009. Since …
In recent months, the first precedents in Italy concerning the extremely topical matter of platform workers’ status (employees v freelancers) have been issued.
Complex workplace investigations were the exception and not the norm until a few years ago. In the year 2000 a one-page statutory code of practice was published in Ireland to guide employers through the humdrum of workplace disciplinary and grievance investigations containing only one sentence regarding the issue of employee representation in investigations. Fast forward …
In the last decade, the manner in which work is organised and managed has suffered significant changes. This fact has caused either beneficial or harmful consequences, such as emerging psychosocial risks and new challenges. The main questions are: what are the psychosocial risks? What are their consequences for the workers and for the company? What …
Continue reading “Psychosocial risks versus healthy companies in Spain”
In Australia, as in the rest of the world, employers bear onerous legal obligations to ensure that workplace culture does not condone sexual harassment, or indeed any other kind of bullying or vilification. Perhaps unlike other parts of the world, the laws dealing with workplace discrimination and harassment in Australia are particularly complex, not the …
Continue reading “Dealing with discrimination and harassment in Australian workplaces”
Companies starting an operation in Mexico normally analyse variables that will have an impact on their businesses, like an efficient tax structure, the regulatory framework, and certainly, labour and employment matters. A key feature in the Mexican Federal Labour Law (FLL) is the mandatory 10% distribution of the employer’s annual January to December profit among …
Continue reading “Profit-sharing litigation in Mexico: A challenge to a common corporate structure”
Two guest experts debated external factors shaping competition policy
Introduction The traditional way of assessing distinctiveness is strictly focused on the specific national market in which the trademark and product occur, so that a trademark may very well be distinctive in a given market and not distinctive in another. In this article, we challenge this traditional approach and investigate more closely if specific circumstances …
Continue reading “Trademark law and the criteria of distinctiveness”