Europe

ILN Partners on Competition Policy Event

Competition Policy
Need for a paradigm shift?
23 May 2019 | Chatham House, London

The annual Chatham House Competition Policy conference will assess how a range of public interest considerations — such as unemployment, discrimination or protection of small businesses — and rapidly evolving marketplaces, are reshaping thinking on antitrust policy and the regulation of markets to the extent that changes to the scope and nature of the consumer welfare standard are being advocated.

Confirmed speakers so far include:

  • Cecilio Madero Villarejo, Deputy Director-General, DG Competition, European Commission
  • Andreas Mundt, President, Bundeskartellamt
  • Sarah Cardell, General Counsel, Competition and Markets Authority
  • Makan Delrahim, Assistant Attorney General, Antitrust Division, US Department of Justice

See all speakers and read the agenda on the conference webpage: https://cht.hm/2MlHQXm

Book online: https://cht.hm/2R0S7ZD

Contact: Charlie Burnett Rae – cburnettrae@chathamhouse.org or +44 (0)20 7957 5727

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Don’t Be Late! Court finds a genuine mistake is no justification

In a timeous reminder of the importance of adhering to court deadlines, in BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor[1] the court refused an application for relief from sanctions where a costs budget was served late a consequence of which the defaulting party was to be limited to only recovering court fees in the event of success at trial. This was despite an undertaking by the defaulting party’s solicitors to cover both parties’ costs on an indemnity basis for the CCMC and a further CCMC if required, regardless of the outcome of those hearings.

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Mutual EU-Japan adequacy decision now in force

The EU and Japan have today announced a new personal data adequacy agreement between the two parties. This agreement will allow personal data to flow freely between the two parties on the basis that there are strong protective guarantees in place.

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‘Practical Completion’ – Is your definition practically complete?

‘Practical Completion’ (PC) plays an important role on construction projects, often signifying the release of retention monies, ending the contractor’s liability for liquidated damages, commencing the defects liability period and passing possession of the works to the employer. The term is almost universally used in the construction industry, yet, despite its significance, is not legally defined and is readily left undefined in building contracts. What then does the term PC actually mean? This question was recently considered in Mears v Costplan.[1]

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Even the General Meeting Can Change its Mind

The general meeting of a company can now lawfully amend its previously adopted resolutions. This is especially good news for those shareholders who wish to withdraw extra dividend from their subsidiary mid-year.

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A Favorable Tightening of the Rules? The Rules on Thin Capitalisation are Changing

Due to an EU directive adopted last year, certain rules on corporate tax are changing with effect from 2019 – including the provisions on interest deduction due to “thin capitalisation.” Although the purpose of the directive was to defeat tax avoidance and tighten up the tax regulations, the new rules on interest deduction are actually becoming more of a blessing than a curse for businesses in Hungary.

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What’s settled in the board room stays in the board room. Or does it?

The Court of Appeal has handed down another significant judgment on the topic of legal professional privilege. In WH Holding Ltd & Anor v E20 Stadium LLP[1], the Court clarified that litigation privilege does not extend to purely commercial communications within a company discussing proposals for settlement. The decision also addresses the Court’s approach to applications for inspection where a claim for privilege is challenged.

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Jalsovszky-new practice area, new partner

Jalsovszky has started a new litigation team as a separate practice group. At the same time, we are also proud to announce an organizational change: our attorney Tamás Fehér will continue his career as a partner of Jalsovszky.

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Algemene voorwaarden: dat kan niet misgaan zou je denken

In de bouw wordt veel gebruik gemaakt van algemene voorwaarden. Het is niet moeilijk om ze goed op de overeenkomst van toepassing te laten zijn, maar toch gaat het nog wel eens mis. Onnodig. Daarom deze bijdrage.

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GDPR and Wills?

Many of you will now be aware of the introduction of the new EU General Data Protection Regulation (‘GDPR’) on 25 May 2018 which applies to all business and organisations which hold data in relation to private individuals. The new rules have raised an interesting query – do solicitors and other professional advisers holding wills on behalf of their clients have an obligation to send beneficiaries named in a will a ‘privacy notice’ informing them that the adviser is holding information about them? Do they need to tell them that they are in fact beneficiaries?

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