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Antitrust / Competition

Italy: Italian Medicine Agency – Public consultation on the new Guidelines for the preparation...

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On 16 September 2020, the Italian Medicine Agency (AIFA) launched a public consultation on the new "Guidelines for the preparation of Dossiers supporting reimbursement and pricing applications", in order to implement the Decree of the Ministry of Health dated 24 July 2020, establishing "Criteria and methods by which the Italian Medicine Agency establishes, through negotiation, the prices of medicines reimbursed by the National Health System".

The Road to Global Closing: Drafting Local Transfer Agreements in Cross-Border Carve-Outs

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After months of planning, negotiation and drafting, the sale and purchase of a carve-out business with operations around the world often snaps into focus...

Beyond COVID-19 PE Playbook

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What's next for private equity? Looking beyond the most immediate phase of the current crisis, how can private equity find opportunity and unlock value...

Italy: The Council of State on the criterion of equivalence in the award of...

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With Judgment No. 5063 of 17 August 2020, in line with the most recent case law, the Council of State confirmed that the equivalence criterion applies in the award of tenders for the supply of medical devices. According to said criterion, the assessment of bids with respect to the relevant technical specifications must be grounded on criteria of substantial conformity of the offered technical solutions and not to formalistic findings.

Singapore: CCCS consults on proposed amendments to competition guidelines

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The Competition and Consumer Commission of Singapore (CCCS) is updating six of its competition guidelines, to educate and inform businesses and competition practitioners by refining and clarifying the analytical and procedural frameworks employed by the CCCS in administering and enforcing the Competition Act (Cap. 50B) (the "Act") in Singapore. The CCCS is conducting a public consultation for feedback on its proposed amendments to the competition guidelines in respect of the treatment of intellectual property rights, market definition, section 47 prohibition (abuse of a dominant position), enforcement, substantive assessment of mergers and merger procedures ("Public Consultation"). The closing date for submissions is 8 October 2020.

Global Private M&A Guide

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A practical tool covering key aspects of the legal and regulatory M&A framework in nearly 40 countries Conducting cross-border M&A transactions in the current climate...

Global: TMT Talk Podcast Series

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A tech-entwined world necessarily puts focus on technology companies and the opportunities that arise with them. TMT Talk, the Global TMT industry podcast, will help you navigate and prioritize via insights from top legal advisers in strategic technology markets. We'll go into the issues, how they affect businesses, society, and the way players deal with them.

International: In the know – Finding certainty in uncertain times – Part Two

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In the second part of this two part series... Baker McKenzie's leveraged finance teams in London and New York consider available remedies under both English and New York law if commitments are not met.

United States: DOJ Issues Revised Manual on Merger Remedies – Emphasizing Strong Preference for...

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The Antitrust Division of the Department of Justice (“DOJ”) has released an updated Merger Remedies Manual (the “2020 Manual”), setting out the DOJ’s framework for approaching remedies designed to preserve competition in merger cases.  The 2020 Manual emphasizes the DOJ’s preference for structural remedies in both horizontal and vertical merger cases, but provides a narrow pathway for behavioral remedies and hybrid approaches.  The 2020 Manual also sets out the DOJ’s expectations for consent decrees to improve their effectiveness and the DOJ’s ability to enforce them.

Singapore: CCCS updates competition guidelines and recommends good trade practices for e-commerce platform sellers

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The Competition and Consumer Commission of Singapore (CCCS) is updating its competition guidelines to provide more clarity and guidance to businesses in the digital sector. This follows the commission's e-commerce platform market study report (the "Study") released on 10 September 2020. The CCCS's public consultation exercise on the proposed changes to the guidelines is ongoing until 8 October 2020.The CCCS also urged e-commerce platform operators to raise sellers' awareness and understanding of the Consumer Protection (Fair Trading) Act (CPFTA) and encouraged sellers to adopt its recommended "good trade practices."
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