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BLOG: Restrictive immunity: codifying the UK's approach to taxing sovereign investors The doctrine of sovereign immunity is the international law principle that one sovereign State should not seek to apply its law to another sovereign State. In the UK, the application of that principle to the courts is governed by the State Immunity Act...
Insurance Newsletter - July 2022 In this newsletter we discuss: Regulatory reform and the insurance sector, Meeting customer needs – policy exclusions and target markets, Update on the EU review of the Solvency II Directive, and Trends in transactions. In this newsletter we...
Modernising Chinese Antitrust: What’s to come from the amended Anti-Monopoly Law Change is coming to antitrust law in China. After over two years of consideration and consultation, the Chinese legislature recently passed its first amendment to the Anti-Monopoly Law (AML), with changes ranging from an updated merger control regime to...
Adding to the patchwork rather than wholesale revolution: the future of corporate criminal liability The Law Commission has published its long-awaited Options Paper for reforming the laws on corporate criminal liability for economic crimes. The ten options presented to the UK government represent gentle reform of the existing framework, rather than...
COVID-related changes to the employment ordinance come into operation On 17 June 2022, the Employment Ordinance (Cap. 57) has been amended to address common issues in an employment context which have arisen as a result of the anti-epidemic measures implemented to control the spread of COVID-19.   This client briefing...
Competition & Regulatory Newsletter: Qualcomm wins appeal to General Court over exclusivity payments On 15 June 2022 the European General Court annulled the European Commission's decision to fine Qualcomm €997.4m for abuse of dominance under Article 102 TFEU. The General Court held that the Commission had breached Qualcomm's rights of...
Competition Law in the Digital Age - June 2022 Our Competition Law in the Digital Age newsletter is a quarterly publication intended to provide insights on modern-day competition law developments in a bite-sized format. This edition covers the EU's Digital Markets Act, the German digital...
Sub-contractor discount for cartel fines overturned in Hong Kong While sub-contracting is part of everyday business in many industries, few are aware that sub-contracting is not a defence in competition law. This was reinforced in a recent appeal holding that sub-contracting is not even a mitigating factor in reducing...
Distinction between a challenge to the admissibility of a claim in arbitration and a challenge to jurisdiction confirmed in C v D The Client Briefing discusses the Court of Appeal’s decision in C v D and the implications of the decision for arbitration users. Nowadays, it is common for contractual parties to adopt arbitration as a way to resolve any dispute arising out of...
BLOG: The 'super-deduction': unobtainable by design? The draft Energy (Oil and Gas) Profits Levy Bill published on 21 June 2022 (the Bill) shows the difficulty, and danger, of using purpose tests in legislation when the Government is seeking to use tax to influence behaviour. It can have the...