Foreign Investment: Rising Tides of Politics in Regulation

Our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation is now available. Foreign Direct Investment (FDI) filings are an increasingly important piece of the regulatory jigsaw for cross-border M&A. Against a background of mounting protectionist rhetoric, countries traditionally open to investment (such as the US, UK and Australia) are moving towards … Read more

ECJ rules for the first time on “pay-for-delay” agreements

On 30 January 2020 the European Court of Justice (“ECJ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of patent dispute settlement, whereby in return for a value transfer, a generic … Read more

Chinese national security review regime under the new foreign investment law

On 1 January 2020, China’s Foreign Investment Law (FIL) and the Implementation Regulations of the Foreign Investment Law came into effect (see our previous post). Under both the FIL and the implementation regulations the State is responsible for establishing a security review system for foreign investments which will require a review of those that could … Read more

OPEN INNOVATION & COLLABORATION: Triggering and managing innovation and collaboration & the IP, data and competition issues involved

This was first published on our Intellectual Property Notes blog. Open Innovation: Forging innovation and collaboration In the first of a two-part series on open innovation, we explore how organisations can manage and benefit from the changing nature of innovation and collaboration. Open Innovation: IP, data and competition issues In part two, we look deeper … Read more

Brexit – impact of the Withdrawal Agreement for merger control

On 31 January 2020, at 11pm GMT, the UK ceased to be a Member State of the EU and the transition period provided for in Article 126 of the Withdrawal Agreement started to run. This briefing looks at the provisions in the Withdrawal Agreement that are relevant for merger control, both during the transition period … Read more

Successful leniency application sees HKCC take new IT cartel case to court and adoption of first infringement notice remedy by authority

On 22 January 2020 the Hong Kong Competition Commission (HKCC) commenced proceedings against Quantr Ltd (Quantr) and one of its directors in the Competition Tribunal (Tribunal). The proceedings concern alleged cartel conduct in 2017 relating to a bidding exercise organised by Ocean Park Corporation (Ocean Park) for the procurement of IT services based on Nintext … Read more

Hot off the press: HSF overview of collective damages claims in competition cases in the UK published in GCR Guide to Private Litigation

We are delighted that our overview of collective damages claims in competition cases in the UK has just been published as part of Global Competition Review’s new Guide to Private Litigation. The Guide includes 21 chapters written by leading practitioners, exploring in depth the key themes raised in competition litigation across the globe. We are … Read more