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NEWS
Law360: Retailer Next was entitled to pay its mostly male warehouse workers more than its predominantly female sales consultants because it needed the higher wages to recruit and retain warehouse operatives, the Employment Appeal Tribunal (EAT) has held, overturning a decision that the pay gap was unlawful.
PRACTICE NOTES
NOTE—to see whether notification thresholds in Nicaragua and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Nicaraguan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Nicaragua? On 29 April 2024, Law No. 1202, the ‘Law on the Creation of the Attorney General’s Office for the Defence of Free Competition and Alternative Dispute Resolution’ (the Law No.1202), was published in Issue No. 75 of ‘La Gaceta’, the Official Journal of Nicaragua, and entered into force on that date. The purpose of Law No. 1202 includes the creation of the Attorney General’s Office for the Defence of Free Competition and Alternative Dispute Resolution—a subdivision of the Office of the Attorney General of the Republic—as the new governmental authority responsible for competition and antitrust matters previously overseen by the National Institute for the Promotion of Competition. As part of this institutional restructuring, the Law establishes the Directorate for the Promotion of Competition
PRACTICE NOTES
CASE HUB NOTE—appeal lodged before the General Court in Case T- 583/20 ARCHIVED—this archived case hub reflects the position at the date of the decision of 12 April 2019; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger investigation into the proposed acquisition of Embraco, the compressor business of Whirlpool, by Nidec (Case M.8947). The transaction involves horizontal overlaps in markets for refrigeration compressors. Latest developments On 12 April 2019, the Commission conditionally approved the transaction, subject to commitments.In terms of commitments, the Commission accepted a package of remedies from Nidec including:• divestment of its refrigeration compressor business for both household and light commercial applications, and• a commitment to provide significant funding to the purchaser of the divestment business for future investments in the facilities. Parties Nidec Corporation is a Japan-based company that is active in the engineering, manufacture, and distribution of a range of electric motors and motor application products. Nidec acquired Secop GmbH in 2017, and since then has been active in the manufacturing and sale of compressors for use
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 22 November 2018; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the proposed acquisition by Nielsen Holdings PLC of the advertising intelligence division of Ebiquity PLC. The transaction involves horizontal overlaps in markets for the detailed advertising intelligence. Latest developments On 22 November 2018, the CMA issued its final report, clearing the transaction unconditionally. Parties Acquirer: Nielsen Holdings PLC (Nielsen) is a UK-headquartered provider of global information, data and measurement services that provides market research, insights and data about what people watch, listen to and buy. Target: Ebiquity PLC (formerly known as Thomson Intermedia) is a UK-headquartered provider of independent marketing analytics to brands worldwide. Nielsen is planning to acquire Ebiquity’s advertising intelligence (AdIntel) business division consisting of Portfolio UK and Portfolio International. Market(s) Detailed advertising intelligence (AdIntel) in the UK, involving the gathering, collation and analysis of intelligence for advertising. The parties overlap in the: • supply of UK Deep Dive products (Deep
PRACTICE NOTES
1. What is the applicable legislation? There is no designated foreign investment law establishing a comprehensive foreign direct investment (FDI) regime in Nigeria. Instead, provisions governing FDI are spread across several statutes. The principal provisions governing FDI are found in: the Nigeria Investment Promotion Commission Act 1995 (NIPCA 1995), the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act 1995, Chapter F34, the Companies and Allies Matters Act 2020 (CAMA 2020), the Immigration Act 2015, the National Office for Technology Acquisition and Promotion Act 1979, and the Investment and Securities Act 2025 (ISA 2025). Furthermore, depending on the jurisdiction from which an investment is made, multinational and bilateral investment treaties may apply. The most recent amendments to the Nigerian FDI regime were changes to the procedures of the Nigerian Investment Promotion Commission (Investment Commission) introduced in 2023. These amendments are intended to streamline the registration process for foreign investors and enhancing transparency and efficiency. Since the 2023 procedural amendments to the Nigerian Investment Promotion Commission (NIPC) operations, regulatory focus has shifted
PRACTICE NOTES
NOTE—to see whether notification thresholds in Nigeria and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Nigerian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Nigeria? Until recently, merger transactions in Nigeria were regulated by the Securities and Exchange Commission under the Investment and Securities Act, 2007. Following approval by the Nigerian Parliament in December 2018 and Presidential assent on 30 January 2019, the Federal Competition and Consumer Protection Act, 2018 (Act) was adopted into law. The Act introduced a new competition law regime, including a new competition regulator. The Federal Competition and Consumer Protection Commission (FCCPC) became operational in April 2019, and is mandated to authorise, with or without conditions, prohibit or approve mergers notified to it. After becoming operational, and in terms of legislative developments, the FCCPC published comprehensive Federal Competition and Consumer Protection Act Merger Review Regulations, 2020 (Regulations), which provide a regulatory framework for the review of mergers, in addition to
NEWS
Mealey’s: The Federal Republic of Nigeria filed a petition for a writ of certiorari to the US Supreme Court seeking review of a split District of Columbia Circuit US Court of Appeals panel’s affirmance of a US$70m arbitral award against it, which it says ‘extends’ a circuit split over treaty interpretation and wrongly treats Nigeria as a ‘person’ rather than a sovereign under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).
NEWS
Law360, London: Nigeria argued at an appeals court on 14 January 2026 that it should be able to seek to recover its £50m legal bill from the litigation funders of an oil and gas company that defrauded the West African state in arbitration proceedings.
NEWS
The Ministry of Justice in Nigeria has unveiled its National Arbitration Policy, aimed at establishing guiding principles for governmental participation in arbitration proceedings and positioning Nigeria as a prominent arbitration hub. Notably, the policy endorses the Africa Arbitration Academy's Protocol on Virtual Hearings in Africa (2020) as the recommended framework for conducting virtual hearings in Nigeria. This development follows Sierra Leone's incorporation of the Protocol into its Arbitration Act 2022, further solidifying the Academy's influence in shaping arbitration practices across the continent. The policy's implications and the broader context of legal reforms in Africa are set to be discussed at the upcoming International Council for Commercial Arbitration (ICCA) conference in Kigali on 5 June 2025.
NEWS
Law360, London: The Court of Appeal has lowered the bar for two Nigerian communities seeking to hold Shell responsible for environmental damage, ruling that residents do not have to prove that the company is to blame for all the oil spills in the region.
GLOSSARY
Nihil est is a Latin expression meaning “there is nothing” or “nothing is [owed/due]”. In legal practice in the UK and Ireland it is an older procedural and record‑keeping term, indicating the absence of something that might otherwise be expected – for example, that there is nothing to return, nothing to levy, or no assets, debt or liability identifiable in response to a writ, warrant or other process.Historically, the phrase could appear on court records, sheriff or enforcement officer returns, or in marginal notes to signify that enforcement had yielded no goods or that no relevant entry, claim or objection was found. It is not generally defined in modern legislation or rules of court, but derives from Latin usage in common law procedure.Usage and meaning are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though the exact contexts will depend on local procedural rules and modern terminology. Today, functional equivalents in English (for example, “nil”, “no return”, “no assets”) are more commonly used, but understanding nihil est remains useful when interpreting older case papers, archival court records or historical precedents.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 25 March 2019; it is no longer maintained. See further: timeline and commentary. Case facts Outline European Commission Article 101 TFEU investigation into vertical restrictions on cross-border sales of licensed merchandise imposed by Nike (Case AT.40436). Latest developments On 25 March 2019, the Commission issued its infringement decision against Nike, imposing a fine of €12,555,000 (following an ‘informal settlement’), for imposing for imposing vertical restrictions on the cross-border sale of licensed merchandise in breach of Article 101 TFEU. Parties Nike is a US-based company that designs and sells athletic footwear and apparel, including for football clubs and federations. Background The Commission opened its investigation in June 2017. Two parallel investigations into licensing and distribution practices of Sanrio and Universal Studios were launched at the same time. Market(s) Markets for the manufacture, distribution and retail of athletic footwear and apparel–in particular licensed