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PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 29 July 2016; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline UK merger investigation into the anticipated acquisition by Celesio AG of Sainsbury’s Supermarkets Limited UK Pharmacy Business. The transaction involves horizontal overlaps in markets for retail pharmacies. Latest developments On 26 July 2016, the CMA issued its final report and cleared the transaction subject to remedies. The CMA has found that the transaction may be expected to lead to a SLC in 12 local markets for retail pharmacies where the parties are particularly close competitors, namely Beaconsfield, Bracknell, Cardiff, Christchurch, Kempston, Kidlington, Leeds, Liverpool, Luton, Reading (Calcot)/Theale, Sandy/Potton/Biggleswade and Warlingham. In terms of remedies, Celesio will be required to divest one Lloyds pharmacy in each of the local areas of concern to a new owner approved by the CMA in order to maintain the current level of competition; Celesio will not be permitted to close these pharmacies. The pharmacy to be divested in each local
PRACTICE NOTES
CASE HUB Archived—this archived case hub reflects the position at the date of the decision of 3 March 2022; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the anticipated acquisition of the passive infrastructure assets of CK Hutchison Networks Europe Investments S.À R.L in the UK by Cellnex UK Limited. The parties overlap in the supply of access to developed macro sites and ancillary services to wireless communication providers in the UK. Latest developments On 3 March 2022, the CMA issued its final report, clearing the transaction conditionally after an in-depth phase 2 investigation. Parties • Cellnex UK Limited (Cellnex): Cellnex is an owner and operator of sites in the UK containing passive infrastructure (elevated structures to which telecommunications equipment can be attached) used by wireless communication providers. Cellnex’s customers are mainly mobile network operators (MNOs). Cellnex’s passive infrastructure is also used by other communication providers.• CK Hutchison group (CK Hutchison): CK Hutchison is a multinational conglomerate headquartered in Hong Kong. In the UK, CK Hutchison’s telecommunication
GLOSSARY
The term is a reference to a mistake that can be made when assessing market power and the substitutability of products. The relevant market is often determined in part by reference to economic modelling of consumer demand in response to price increases, i.e. observing whether consumers shift to a substitutable product. However, the cellophane fallacy is a warning that consumer demand may shift to a non-substitutable product because the price level is already considerably above competitive levels.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 9 September 2014; it is no longer maintained. See further, timeline and related/relevant cases. Case facts Outline European Commission phase II merger investigation into the planned acquisition by Cemex of certain assets of Holcim in Spain (Case M.7054). The investigation was launched following an Article 22 request by Spain. The transaction involves the two of the leading suppliers of cement in Spain. Latest developments The Commission unconditionally cleared the transaction on 9 September 2014. The Commission referred the merger for a phase II investigation on 23 April 2014 and the phase II deadline was extended by five working days under Article 10(3)(2) on 28 July 2014. • Commitments were submitted in phase I on 28 March 2014. The case didn't meet the EUMR thresholds and was therefore notified to national competition authorities in Spain and the Czech Republic—Spain then requested that the case be transferred to the Commission under Article 22 of the EUMR, although the Czech Republic did not join the request. The Commission
GLOSSARY
Census refers to the periodic, compulsory collection of detailed population and household data by the state, used extensively in legal, regulatory and policy contexts. In the UK, censuses are conducted under specific legislation (primarily the Census Act 1920 for England, Wales and Scotland, and the Census Act (Northern Ireland) 1969), while in Ireland they are carried out under the Statistics Act 1993. For legal practitioners, census data is a key evidential and planning tool. It informs equality and anti-discrimination analysis, human rights impact assessments, public law challenges, resource allocation, housing and education planning, and demographic evidence in litigation or consultation processes. Census statistics are frequently cited in judicial review, statutory interpretation involving “ordinary residence” or “household” concepts, and in assessing compliance with public sector equality and socio‑economic duties. Across England & Wales, Scotland, Northern Ireland and Ireland, the core concept and use of a census are broadly consistent, though timing, questions and enabling statutes differ. The confidentiality of individual returns, restrictions on disclosure, and criminal offences for non‑compliance or unlawful use of data are critical legal features for data protection, information governance and public law practitioners.
PRACTICE NOTES
NOTE—to see whether notification thresholds in the Central African Republic and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the CAR merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the CAR? The Central African Republic (the CAR) incorporated competition provisions into its Commercial Code, Law No. 2016-06, dated 30 December 2016 (the Commercial Code), following the repeal of its previous competition law, Law No. 92.002, dated 26 May 1992. The Commission Nationale de la Concurrence (the CNC) is the authority responsible for overseeing competition matters in the CAR. The CAR is also a member of the Central African Economic and Monetary Community (the CEMAC), which has its own competition law governing merger control under Regulation No. 06/19-UEAC-639-CM-33, dated 7 April 2019, relating to competition (the CEMAC Competition Regulation). Aside from the above, there have been no significant recent developments in the CAR’s competition regime. No updates or reforms are expected
NEWS
Ireland—Banking & Financial Services analysis: This article was written by Ian Dillon, partner (Asset Management and Investment Funds), Dara Harrington, partner (Asset Management and Investment Funds) and Kevin Murphy, partner (Asset Management and Investment Funds), Tara O’Reilly, partner (Asset Management and Investment Funds), Cormac Commins, partner (Asset Management and Investment Funds), Siobhán McBean, partner (Asset Management and Investment Funds), Stephanie Hanrahan, partner (Asset Management and Investment Funds) and Christopher O’Reilly, partner (Asset Management and Investment Funds) of Arthur Cox LLP. It considers the Central Bank of Ireland's approach to the authorisation of open-ended loan-originating alternative investment funds (LO AIFs). It covers the standard authorisation process for qualifying investor AIFs (QIAIFs), the differing approach for retail investor AIFs (RIAIFs), expectations regarding compliance with ESMA's draft regulatory technical standards (RTS), and recent amendments to the Central Bank's AIF Rulebook reflecting Directive (EU) 2024/927 (AIFMD II) loan origination requirements.
NEWS
Ireland-Banking & Financial Services analysis: This article was written by A&L Goodbody’s Financial Regulation Advisory team. It examines the Central Bank of Ireland's (Central Bank’s) completion of the recommendations arising from its Fitness and Probity Gatekeeping Review. It outlines the key reforms to the fitness and probity assessment process, including updated guidance, governance and operational changes, enhancements to transparency and decision-making, proposed changes to the list of pre-approval controlled functions (PCFs) and the Central Bank's planned next steps for further reform.
NEWS
Ireland—Banking & Finance analysis: This article, was written by the Asset Managment & Investment Funds team of A&L Goodbody LLP.
NEWS
Arbitration analysis: The Paris Court of Appeal held that the Central Bank of Libya cannot commence third party proceedings (tierce opposition) against the decision granting enforcement to an international arbitral award rendered against the Libyan State, to which it was not a party, but on the basis of which its bank account was garnished. Written by Sara Nadeau-Seguin, partner with international dispute resolution Teynier Pic in Paris, France.
NEWS
Ireland—Banking & Financial Service analysis: This article, was written by Shane Kelleher and Louise McNabola and discusses the Central Bank of Ireland's new approach to supervision, which focuses on integrated oversight through multidisciplinary teams. The updated model aims to enhance the effectiveness of financial sector supervision, ensuring that firms act in the best interests of consumers and the broader economy. This initiative reflects the Central Bank’s commitment to proactive and forward-looking regulation in response to evolving financial landscapes.
NEWS
Ireland-Banking and Financial Services analysis: This article, was written by Dillon Eustace’s Asset Management and Investment Funds Team.