Although being a landlocked country in the heart of Europe, Switzerland has kept a certain insularity: while Swiss companies have access to the European markets (and vice versa) based on bilateral agreements with the European Union, it is a member neither of the EU nor the EEA. Further, Switzerland is often characterised as a ‘high …
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In recent years we have been witnessing a trend of filing class action claims in Israel following on decisions by foreign antitrust authorities and courts declaring the existence of cartels outside of Israel. In most instances, the plaintiff (or its attorney specialising in filing class actions) will identify a decision whereby parties to a foreign …
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Article 4 of Law No 4054 on the Protection of Competition (Law No 4054) prohibits all agreements between undertakings, decisions by associations of undertakings and concerted practices having (or that may have) as their object or effect the prevention, restriction or distortion of competition within a Turkish product or services market or a part thereof. …
The Competition and Markets Authority (CMA), the UK competition regulator, has had a busy few years since being created in 2014. It has imposed record fines for competition law infringements across a wide range of sectors, and secured its first director disqualifications and criminal conviction.
On March 15, 2018, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in a 2-1 decision vacated the Obama-era U.S. Department of Labor’s (“DOL”) Fiduciary Rule (“Fiduciary Rule”), which responded to a historical shift from traditional pension plans to individually managed accounts, such as individual retirement accounts (“IRAs”) and 401(k)s. The Fiduciary …
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Introduction The general question of corporate governance can be summarized, in the context of public companies, as three interrelated questions: who has decision-making authority; how are they constrained in the exercise of that authority; and how are they held accountable for that exercise? In this model, the U.S. approach to corporate governance has historically been …
Continue reading “The Hot Topic in United States M&A – Corwin“
INTRODUCTION The success of a business resides in its employees. Even the biggest corporate structures depend on its employees to conduct its business. That is why, during the course of employment employer’s valuable information that is integral to its activities such as its business models, client profiles and marketing strategies are exposed to the use …
Data centres are increasingly key to the transaction of business all over the world, with more and more companies relying on remote hosting for their IT systems.
Dealing with residential tenancies has taken on a new meaning in Scotland. On 1 December 2017, the private residential tenancy (PRT) became the new residential tenancy for Scotland and, from 31 January 2018, letting agents of residential dwellings have to comply with a new code of practice and apply to be registered in the mandatory …
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The Public Contracts Regulations 2015 (PCR) (which implemented the 2014 Public Procurement Directive) created a new procedure known as competitive procedure with negotiation (CPN). For those bidding on complex infrastructure projects or other government contracts, the implications of CPN may not be immediately apparent. For a contracting authority, CPN provides an additional procurement option giving …