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parliment flags

On February 19, 2015, Judge Nicholas G. Garaufis of the United States District Court for the Eastern District of New York ruled in favor of the United States Department of Justice (“DOJ”) and held that the American Express (“Amex”) anti-steering rules (so-called Non-Discrimination Provisions or “NDPs”) violated Section 1 of the Sherman Act. The problems with NDPs, at least at first blush, are evident.  As Judge Garaufis posed the issue: “[A]ll else being equal, a given merchant might prefer that –Read More–

On 10 February 2015, it was reported that Qualcomm, a US NASDAQ listed manufacturer of mobile phone microchips, paid a $975m fine to the Chinese National Development and Reform Commission (“NDRC”) to settle allegations of anti-competitive behaviour. The fine is equivalent to around 8% of Qualcomm’s 2013 Chinese turnover. The fine was reduced from 10% due to Qualcomm’s eventual co-operation in settlement (though they did initially challenge the NDRC’s case). Despite the fine being the largest in Chinese corporate history, –Read More–

On 26 February 2015, the Public Contracts Regulations (“PCRs”) 2015 will come into force. These regulations implement the provisions of the new Public Sector Directive No. 2014/14 into English law. Separate regulations will be introduced for Scotland. We reported this time last year how the EU had adopted new Directives on public procurement in this post. The PCRs replace the Public Contract Regulations 2006 as amended and will govern all public sector procurements commenced after the commencement date. These represent –Read More–

The EU has proposed reforms to its Wire Transfer Regulations which will increase “Know Your Customer” (KYC) requirements under EU anti-money laundering (AML) laws. The reforms are expected to be passed and come into force later this year. A link to a copy of the latest publicly available draft of the proposed amended Regulation is set out below. Summary Essentially the reforms will impose new obligations on payment service providers (PSP) acting on behalf of the recipient or “payee” of –Read More–

Section 33 of the Personal Data (Privacy) Ordinance (Cap. 486) (the “PDPO”) prohibits the transfer of personal data to places outside of Hong Kong unless certain conditions are met, but it is not currently in force and there is still no indication as to when it will be brought in to force. However, recently (29 December 2014) the Hong Kong Privacy Commissioner issued its “Guidance on Personal Data Protection in Cross-border Data Transfer” which is supposed to serve as a –Read More–

Date: 25 February 2015 Time: 8AM PST, 10AM CST, 11AM EST, 4PM GMT, 5PM CET CPD accredited In this live one hour webinar, Anita Esslinger and Kathie Claret will examine vertical restraints in product distribution systems under EU competition law, including as administered and enforced in France, as well as under French competition law. The webinar will cover common issues and recent developments relating to: •    Resale pricing •    Territorial and customer restrictions •    Selective Distribution •    Internet distribution Anita –Read More–

The classification of software has long been a thorny issue for software companies who employ agents to sell their programs. The importance of the classification is that it may determine whether the Commercial Agents Regulations 1993 apply in the UK. These regulations are based on the EU Commercial Agents Directive 86/653/EC. The Regulations could significantly increase the costs of selling through agents by dictating mandatory termination payments for agents. The industry has long clung to dated case law which erred –Read More–