In an opinion issued on 22 November 2017, EU-the Advocate General confirmed that the EU competition law provisions do not apply to companies that are part of the same corporate group. However, assurances from those companies might be necessary in case of simultaneous participation in public tendering process in order to protect the free and fair competition between all tenderers.
Building on the success of 2016’s “EMEA Corporate Liability Handbook,” we are pleased to present you with the first global edition that collates and describes in detail the corporate liability and corporate crime regimes of countries in Asia, EMEA and the Americas.
On October 7, 2017, the EU Commission published its updated study on corruption in the EU healthcare sector. Companies in the healthcare industry should rethink their policies and procedures based on the results of this Europe-wide study.
The UK Supreme Court unanimously confirmed that the two limb Ghosh test for assessing dishonesty in criminal proceedings should be replaced by a purely objective test. This is a very significant development in criminal law.
On 25 October 2017, the House of Commons published a briefing paper regarding the Iran nuclear deal. In particular, the paper focuses on President Trump’s recent refusal to certify Iran’s compliance with its obligations under the deal.
According the Government’s press release on the Bill “ensures that when the UK leaves the EU, we can continue to impose, update, and lift sanctions and AML regimes”.
As companies consider their strategies for life in a post-Brexit world, our study reveals the projected impact of hard Brexit in four sectors that are key to UK manufacturing and our clients: the automotive, consumer, healthcare and technology industries.
The FCA has announced that there has been a 75% increase in the number of enforcement cases over the last year. At the same time, in an effort to disarm concerns about the enforcement of the new Senior Mangers Regime, the FCA has said that it wants to move away from a fear based culture of regulation.
Although firms will not be expected to have completed all aspects of implementation by 30 September, firms must move quickly to complete initial steps including risk assessments and implementation plans.
UK Decision Provides Useful Reminder on Carefully Navigating Privilege Protection in Multi-Jurisdiction Investigations
The UK Serious Fraud Office obtained a declaration that certain documents prepared during investigations by solicitors and forensic accountants into the activities of a UK-incorporated multinational corporation were not subject to legal professional privilege.