A swap'>credit default swap which is purely speculative and on which neither party owns the reference entity

Competition analysis: In his Opinion in the Tondela Case delivered on 15 May 2025, Advocate General (‘AG’) Emiliou at the Court of Justice of the EU argues that no-poach agreements entered into between competitors have all the characteristics to be considered prima facie restrictive of competition ‘by object’, unless the content, the legal and economic context and the objectives of the specific agreement at issue cast doubt on the harmful nature of the agreement or if the no-poach agreement is ancillary to a transaction which is itself not anti-competitive. In application of the Meca-Medina case law, AG Emiliou argues that the objective of the no-poach agreement in question (ensuring a fair and orderly end of the 2019/2020 football season during coronavirus (COVID-19) pandemic) was worthy of protection under EU law and absent any equally effective and less restrictive measures necessary and proportionate to that objective. Written by Peter Giese, Kirsten Baubkus-Gérard, Elisa Götz, lawyers at CMS.

A sub-contractor who is named by the employer in the specification or employer's requirements. The contractor bears the risk of the named sub-contractor's procurement and design (in contrast with the position in relation to nominated sub-contractors).

NOTE—to see whether notification thresholds in Namibia and throughout the world are met, see further: Where to Notify. Introduction The merger control regime in Namibia is governed by Chapter 4 of the Namibian Competition Act 2 of 2003 (the Act) and the merger control rules made under the Act (the Rules). Competition Law in Namibia is enforced through the joint cooperation of different authorities, namely the Namibian Competition Commission (Commission), the Minister of Industrialisation and Trade (Minister), and the Namibian High Court. Namibia has mandatory merger filing requirements for transactions which meet the financial thresholds, and which must be notified to the Commission. The Commission’s decisions may, upon application, be reviewable by the Minister. Under the Act, s 42 a ‘merger’ occurs when one or more undertakings, directly or indirectly, acquire or establish direct or indirect control over the whole or part of the business of another undertaking. A merger can be effected in a number of ways, including: • the purchase of lease of shares, an interest, or assets of the other undertaking, or • through an

Nanotechnology—opportunities and risks Nanotechnology concerns the manufacture and use of materials on an extremely small scale. Nanomaterials are measured in nanometres (nm) and may be many thousands of times smaller than the breadth of a human hair. One human hair is 80,000 to 100,000 nm thick. At this small scale, materials have different properties compared to the same material in ‘bulk’ form, and this means they can be used in innovative ways, but also may present different risks. Biomedicine, electronics and energy are key sectors currently exploiting nanotechnology, in addition to cosmetics, defence, automotive and agriculture. Uses range from high volume, commodity applications such as carbon black in car tyres, to highly technical low volume uses. Cosmetics regularly use nano titanium dioxide and zinc oxide to provide functionalities, such as UV filtering, and nanoparticles of gold and silver are used in medical diagnostic tools. A 2023 report valued the global nanotechnology market size at US$69.15bn in 2022, with projected growth to US$248.56bn by 2030. The European Commission considers micro/nano—electronics and photonics a Key Enabling Technology, which should

That part of a legal document which sets out the names of the granter and grantee and the reasons and purposes of the document.

Construction analysis: The Inner House confirmed a restrictive approach to the statutory exceptions interrupting or postponing prescription under the Prescription and Limitation (Scotland) Act 1973 (PL(S)A 1973). It held that GGHB’s claim for defective cladding, raised more than five years after practical completion, had prescribed. The court emphasised that PL(S)A 1973, s 6(4) requires clear proof of a positively induced error caused by the debtor and causative of inaction, which was absent on the facts. It further re-affirmed that, for (PL(S)A 1973), s 11(3), loss occurs on payment for defective works, regardless of knowledge of defect. The decision underscores the evidential burden on pursuers and narrows reliance on latent damage and inducement arguments in construction disputes. Produced in partnership with Eric Johnstone, legal director at Brodies LLP.

MLex: The short list of foreign regulators with which the UK’s Ofcom will be able to cooperate under the new Online Safety Act 2023 (OSA 2023) prompted questions from lawmakers today as they debated secondary legislation to support the Act. The government gave reassurances that more countries would be added, but fiercer debate is expected when the legislation moves from the lower to the upper chamber of Parliament for scrutiny, expected to be next week.

A term applied to electronic communications facilities capable of carrying only voice, facsimile images, slow-scan video images and data transmissions at 'kilobit' speeds. The term is commonly applied to voice-grade analogue facilities and to digital facilities operating at low speeds (less than 1.544 Mbps).

A wholesale service allowing the conveyance of narrowband Internet traffic between the end user and an ISP (Internet Service Provider).

The delivery of cable programming to a small community or audience where that programming addresses the audience’s specific needs or desires. It is the opposite of broadcasting.

Law360, London: A London judge fined NatWest £264m (US$350m) on 13 December 2021 after the bank became the first lender to plead guilty to criminal charges for violating anti-money laundering (AML) laws in connection with a gold dealership.