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P&E Update: Employment/Employee Benefits Bulletin Legal and regulatory developments in Employment/Employee Benefits Topics covered in this bulletin: Cases Round-Up TUPE: harmonisation of terms results in unfair dismissal tapering exit compensation: appropriate comparator for age discrimination...
Online platforms - who can set the price and are most favoured nation clauses compatible with competition rules? Commitments in the hotel online booking investigation provide guidance on whether sellers can set price on online platforms and MFNs are anti-competitive The OFT announced on 31 January 2014 that it has accepted commitments in the hotel online booking...
Taking stock on BEPS (Base Erosion and Profit Shifting) Mike Lane looks at a typical cross-border situation which throws up the sort of fundamental questions which the BEPS project is seeking to answer Dec 2013 | Client publication/article   Brad, a US citizen, comes up with a new idea and sets up...
Piercing the corporate veil and fraud This article summarises the principles by which a court may pierce the corporate veil in cases of fraud in light of recent case law. Introduction The principle of separation between corporate entity and shareholder has been enshrined in English law...
ECJ confirms parent companies may be held liable for JV competition infringements Considers ECJ's confirmation that parent companies may be held liable for joint venture competition infringements in the chloroprene rubber case INTRODUCTION On 26 September 2013, the European Court of Justice (ECJ) dismissed appeals in the...
Nortel judgment ends super priority for pension claims in insolvency Considers the Supreme Court’s decision in the Nortel case, which held that the costs of complying with financial support directions are a provable debt This briefing considers the Supreme Court’s decision in Nortel Companies &...
UK Supreme Court considers the 'balance sheet insolvency test' Sets out the key features of a recent judgment of the Supreme Court concerning the balance sheet test for insolvency in s123(2) of the Insolvency Act 1986 The UK Supreme Court has recently considered section 123(2) of the Insolvency Act 1986, which is...
Private Actions in Antitrust Law Commission proposes rules to facilitate damages claims by victims of antitrust violations On 11 June 2013, the European Commission published its widely anticipated proposal for a directive on rules governing private damages actions for breach of the EU...
Legal View: Change - as good as a rest? Looks at how customers can stay in control if the identity of their outsourcing supplier changes Mergers and acquisitions in the Technology sector can be a cause for concern for IT and Outsourcing customers who spend a great deal of effort and expense...
Guide to Public Takeovers in Europe A general guide which discusses key aspects of takeovers law and practice in France, Germany, Italy, the Netherlands, Spain, Sweden and the United Kingdom This guide provides an overview of the key aspects of takeovers of listed companies in France,...