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PRACTICE NOTES
NOTE—to see whether notification thresholds in Bosnia and Herzegovina and throughout the world are met, see Where to Notify. 1. Have there been any recent developments regarding the Bosnia and Herzegovina merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Bosnia and Herzegovina? In August 2020, the Competition Council (Konkurencijsko vijeće, Competition Council) appointed a working group to prepare amendments to the Law on Competition 2005 (Competition Law 2005). However, no amendments have been adopted to date, and there is currently no publicly available timeline for legislative reform. Other than this, there have been no significant recent developments in the Bosnia and Herzegovina merger control regime, and no specific ‘hot’ merger control issues have emerged in practice. 2. Under the Bosnia and Herzegovina merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'? The concept of ‘control’
GLOSSARY
A jargon term for a collection of software robots, or bots, which run autonomously. A botnet’s originator can control the group remotely, usually through a means such as IRC, and usually for nefarious purposes.
PRACTICE NOTES
This table summarises all completed investigations by Botswana’s competition authority (the Competition and Consumer Authority—the CCA) into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2025 Investigations under section 25 of the Competition Act 2018 The CCA did not issue any decisions under s25 in 2025 Investigations under section 31 of the Competition Act 2018 The CCA did not issue any decisions under s31 in 2025 2024 Investigations under section 25 of the Competition Act 2018 The CCA did not issue any decisions under s25
PRACTICE NOTES
NOTE—to see whether notification thresholds in Botswana and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Botswana merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Botswana? Legislative framework The most significant recent development occurred on 2 December 2019, when amendments to the merger control regime introduced through the Competition Act 2018 (Competition Act 2018) and related regulations came into force.The key amendments included: • the renaming of the competition authority to the Competition and Consumer Authority (CCA) • the introduction of a maximum penalty for breaches of the merger control rules of up to 10% of the consideration or the combined turnover of the parties involved in the merger (whichever is greater) • a new notification form (Form K) • the power for the government to provide comments to the CCA where there is a public interest matter • the
GLOSSARY
A form of investment style which looks at the value of each individual investment – as opposed to ‘top-down’, which looks at sectors. Many managers use both.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 17 March 2020; it is no longer maintained. See further, timeline and commentary Case facts Outline UK merger investigation into the completed acquisition by Bottomline of Experian’s EPG business and related assets. The transaction involved horizontal overlaps in markets for payment software. Latest developments On 17 March 2020, the CMA issued its final report, finding that the transaction had not resulted, and may not be expected to result, in an SLC in markets for payment software. As a result, the CMA unconditionally cleared the transaction. Parties • Bottomline Technologies, (de) Inc (Bottomline), a US-based company, provides electronic payment, invoice and document automation solutions primarily in the US, Europe and the Asia-Pacific.Experian Limited (Experian) is part of a group of companies whose parent company is listed on the London Stock Exchange as Experian plc. Experian plc is a multinational consumer credit reporting company; it collects and aggregates information on over one billion people and businesses.• Experian Payments Gateway (EPG) is a global
GLOSSARY
Bottomry is an historic form of maritime financing where the master of a ship borrows money for the necessities of the vessel or voyage and pledges the ship itself as security, on the condition that repayment is only due if the ship survives the voyage. If the ship is lost, the lender loses the money advanced. In modern UK and Irish shipping and admiralty practice, bottomry has been largely superseded by marine mortgages, marine insurance and standard ship finance arrangements, and is now mainly of academic or historical interest. The concept appears in older case law and commentary on maritime law and general average, but is not a commonly used instrument in contemporary commercial practice in England and Wales, Scotland, Northern Ireland or Ireland. Key legal features traditionally associated with bottomry include: a loan made in extremis for maritime necessities; security limited to the maritime adventure (the ship, and sometimes freight in a related “respondentia” bond); and risk of total loss borne by the lender. Modern practitioners may still encounter bottomry in the interpretation of historic shipping documents, older authorities and comparative maritime law analysis.
NEWS
Restructuring & Insolvency analysis: The High Court (ICC Judge Barber) has made an 11-year disqualification order under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) and a compensation order of £50,000 plus interest under CDDA 1986, s 15A against the sole director of a dormant company who knowingly or recklessly inflated turnover on a Bounce Back Loan (BBL) application to extract the maximum £50,000 and applied virtually the entire sum for non-business purposes. The judgment confirms the now-settled robust approach to BBL misconduct cases, and is particularly noteworthy for two points. First, eleventh-hour conditional offers to repay a BBL in exchange for a short period of disqualification will not be treated as legitimate mitigation. Second, a defendant’s claimed impecuniosity will rarely, of itself, defeat a compensation order (confining Re St Aimie’s Sports Academy) to its facts. Written by Justin Perring, barrister at New Square Chambers.
NEWS
Restructuring & Insolvency analysis: This case concerned disqualification proceedings against Mr Ahmedivand, the sole director of a company called UK Dream House Ltd (the company). The grounds on which the Secretary of State alleged unfitness pursuant to section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) was a single issue of misconduct, namely the deliberate overstating of the company's turnover in its application for a bounce back loan (BBL), in order to obtain a loan greater than the company would be entitled to receive based on the BBL scheme rules. Relying on that single instance of misconduct, the Secretary of State sought disqualification for a period of nine years. Granting disqualification for nine years, this case demonstrates the court considers a single instance of misconduct relating to misuse of the BBL scheme to be sufficiently serious to warrant a lengthy period of disqualification, even where there is no risk of the misconduct recurring. Written by Katie Farmer, partner at Trowers & Hamlins LLP.
NEWS
Crime analysis: British nationals taking out loans in the United Arab Emirates may have heaved a sigh of relief at the UAE v Allen extradition case in the High Court in which the requested extradition was not granted. A request to appeal is seen as unlikely. Anand Doobay, a consultant with Peters & Peters, discusses the implications of the case and why Britons still need to be very careful.
PRACTICE NOTES
This Practice Note discusses the boundaries of responsibility between the NHS and a local authority when dealing with healthcare and social care matters. It explains NHS and local authority statutory care responsibilities, circumstances in which each body should be challenged, and the appropriate routes of challenge. For example, an individual who’s care funding was supported by both the NHS (South East London Integrated Care Board) and the local authority (Lambeth Council) was revoked following an NHS assessment. They are now appealing the decision (source: independent journalism). When referring to the NHS this is to mean NHS England. Boundary disputes commonly arise where a client needs long-term health and/or social care. This may include assisted living, nursing home care, a community care package, reimbursement for care that has been privately funded or care provided following a hospital discharge assessment. Therefore, imposing responsibility on the NHS and the local authority to provide such care as outlined under the Care Act 2014 (CA 2014), National Health Service Act 2006 (NHS Act 2006), and Health and
GLOSSARY
A written description of a property by reference to the actual boundaries of the property