It does not matter the size or line of business of your company, the new antitrust system is something you should take into consideration when doing business in Mexico.
On December 2, 2012 the "Pacto for México" (political agreement among the three main political forces) to achieve the...
29/10/2015
CDC Hydrogen Peroxide: Jurisdiction in follow-on Damages Claims The European Court of Justice ("ECJ") has recently handed down a landmark judgment in the Hydrogen Peroxide case, confirming that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of the...
14/10/2015
Both public procurement and competition rules have an intense mutual relationship, however it is not always so clear for companies operating in the market which provide works, supplies or services to public entities.
Undoubtedly, public procurement rules are settled on principles mainly aimed to...
14/10/2015
On 12 March 2015, the UK media and communications regulator, Ofcom, announced an overarching strategic review of the digital communications market in the UK, both to inform policy in the UK and to help inform future debates at a European level on the wider Framework.1 The last such review was...
14/10/2015
One of the reforms to UK company law introduced by the Small Business, Enterprise and Employment Act 2015 (the "Act") is the requirement (subject to exceptions mentioned below) for details of individuals who ultimately own or control more than 25% of a UK company's shares or voting rights, or who...
12/10/2015
Transfer pricing rules have been part of UK tax legislation since 1997, and most multinationals operating in the UK are required to self-assess compliance with the arm's length principle when completing their tax returns. The UK tax authorities have long seen transfer pricing as a key issue. In...
09/10/2015
The competition law (Law 12529/2011), in effect since May 29, 2012, brought about profound changes in the Brazilian competition system, particularly in merger control cases. These changes comprise the structural reform in Brazil's competition authority (the Administrative Council for Economic...
08/10/2015
Chilean society has had a rough couple of years when it comes to white-collar crimes. Cartels in sensitive markets, like pharmacies and poultry producers; illegal financing of politicians; the frequent use of privileged information in our stock exchange market; grave environmental...
08/10/2015
Which are the damages that public agencies suffer as a consequence of bid rigging? Colombia's Competition Authority (Superintendence of Industry and Commerce: Miguel de Quinto; 2012) and the different competition authorities around the world have identified the damages with the extra-cost generated...
08/10/2015
07/10/2015
The Brazilian Competition Authority, CADE, has been quite active not only in reviewing mergers, acquisitions and joint-ventures and in battling against cartel behavior, but also in cracking down on illegal unilateral conducts by companies with market power. Given the importance for Brazilian and...
07/10/2015
The Act of 24 July 2015 on Support for Methods of Alternative Dispute Resolution, which includes changes to the system of post-arbitration proceedings in Poland, will enter into force on 1 January 2016.
The most important change will be to "flatten" the model of post-arbitration proceedings....
30/09/2015
In 2013, the Chief Administrative Judge of the Courts of New York State designated the Hon. Charles E. Ramos, Justice of the Supreme Court, New York County, to handle all international arbitration cases before the Commercial Division, New York County–a good reminder that, in the U.S.A., states...
30/09/2015
Frequently M&A disputes are resolved by arbitration. This article examines various issues to consider when choosing to arbitrate a dispute that arises out of a M&A transaction and gives some invaluable tips in the context of agreeing the Sale and Purchase Agreement ("SPA") to help ensure that you...
30/09/2015
Arbitration agreements are the essential basis of international arbitration. A successful arbitration starts with a successful arbitration agreement. Unsuccessfully drafted arbitration agreements can face enforcement difficulties, high and unnecessary costs, and delays. IBA Guidelines for Drafting...
30/09/2015
1. Two important developments in Spain relating to arbitration are worth notice: (i) the first-ever enforcement of an ICSID award in Spain and (ii) the new 2015 arbitration rules of the Civil and Commercial Court of Arbitration (CIMA) (hereinafter, the 2015 CIMA Arbitration Rules).
2. Following the...
30/09/2015
Russia is likely not the first choice as a place of arbitration, as many foreign parties are usually concerned with potentially excessive interference form Russian judiciary and the quality of Russian arbitral institutions. Nevertheless, sometimes failure to agree on arbitrating in Russia may become...
30/09/2015
On 4 June 2014, the Court of International Commercial Arbitration (CICA) attached to the Chamber of Commerce and Industry of Romania (Bucharest Court of International Commercial Arbitration) introduced a new set of arbitration rules, the Court of International Commercial Arbitration Rules (CICA...
30/09/2015
Arbitration has a long-standing tradition as a method for resolving commercial disputes in Finland. For example, the Arbitration Institute of the Finland Chamber of Commerce (FAI) was established already in 1911, which makes the FAI as one of the world's oldest arbitration institutes. The current...
30/09/2015
This article explores the availability of anti-arbitration injunctions ("AAIs") in Singapore.
Following the High Court decision of Mitsui Engineering and Shipbuilding Co Ltd v Easton Graham Rush [2004] 2 SLR(R) 14 ("Mitsui"), a pall was cast over the...
30/09/2015
In 2014, there were 235 arbitration commissions in mainland China and they administered 113,660 cases in total, a nine percent rise from 2013. The total value of claims reached RMB 265.6 billion (USD42.7 billion), a 61 percent increase from the previous year. The annual number of cases has been...
30/09/2015
The OECD's Base Erosion and Profit Shifting ("BEPS") initiatives have already altered the international tax landscape dramatically, although the dust is far from settled. Tax planning structures that multinational firms have widely employed may no longer be viable. Firm-specific tax rulings do not...
30/09/2015
2015 is shaping up to become one of the largest years on record for M&A activity.1 For many companies involved in such transactions, an inevitable outcome will be the preparation of purchase price allocation analyses (PPAs) in order to satisfy financial reporting requirements. At the same time,...
30/09/2015
In Altera Corp. v. Commissioner, the U.S. Tax Court (USTC) held that a Treasury regulation requiring participants in a qualified cost sharing arrangement (QCSA) to share stock-based compensation costs (SBC) is invalid.
The Altera decision was the outcome of cross-motions for partial summary judgment...
30/09/2015
Canada's federal tax authority, the Canada Revenue Agency (CRA) is a mature and sophisticated tax authority by any measurable global standard. With approximately 40,000 employees, the CRA is responsible for the administration of tax laws in Canada for most of Canada's 10 provinces and three...
30/09/2015
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