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Global Legal Guide for Luxury & Fashion Companies

by and 2 Mins Read

The luxury and fashion industry has grown rapidly in recent years, driven by the rising worldwide demand of the image-conscious, growing middle classes in emerging markets, and the incredible advancement and evolution in online retail sales and marketing. These developments have ushered in new challenges for the industry with companies facing more stringent regulations as they expand into new markets and a heightened demand from consumers for greater transparency around sustainability, supply chain, as well as complex tax and corporate issues. This is a Comprehensive global guide to all legal matters relating to the luxury and fashion industry.

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In Antitrust / Competition

Canada: Proposed amendments to modernize Canadian Competition Law

by 5 Mins Read

On 21 September 2023, the Government of Canada introduced Bill C-56 or the Affordable Housing and Groceries Act (“Bill C-56”), broad legislation that includes amendments to the Competition Act that, if adopted, will repeal the efficiencies defense in mergers, expand the scope of agreements and arrangements subject to the civil competitor collaboration provision, and permit public interest market studies. The proposed amendments to the Competition Act align with the Prime Minister’s recent announcement that the federal government would take action to enhance competition and drive down prices for Canadians, with a special focus on the grocery sector.

In Antitrust / Competition

Ukraine: An important step toward competition law

by 6 Mins Read

On 12 September 2023, the President of Ukraine signed Law No. 5431 “On Amendments to Certain Legislative Acts of Ukraine to Improve the Activities of the Antimonopoly Committee of Ukraine” (“Law”), which launched a reform of Ukrainian competition law. The Law will enter into force on 1 January 2024.
The Law was developed together with competition law experts from the EU in line with the European Union-Ukraine Association Agreement. Adopting and implementing the Law is the first stage of the competition law reform, aimed at strengthening the powers of the Antimonopoly Committee of Ukraine (AMC) and bringing Ukrainian competition law and the AMC’s activities closer to the legal system of the European Union.

In Connected Compliance

Global: Post-Acquisition Integration Handbook

by 2 Mins Read

This is the 20th anniversary edition of the Global Post-Acquisition Integration Handbook, which since its first publication in 2003 has served as a practical reference tool for any company contemplating, or currently executing, a multinational business acquisition and integration. Key topics such as tax, corporate and employment law are considered, and regional comparison tables summarize the main aspects of integrations in more than 30 jurisdictions. Since our last update in 2017, there has been a great deal of change in the global legal and business landscape, hence this current edition includes new content on recent legal developments in the areas of compliance and risk management (including antitrust, bribery, sanctions and customs), foreign investment review, privacy and data protection.

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In Antitrust / Competition

United States: FTC continues targeting private equity

by , , and 6 Mins Read

On 21 September 2023, the Federal Trade Commission (FTC) announced that it was suing US Anesthesia Partners, Inc. (USAP) and its private equity owner Welsh, Carson, Anderson & Stowe (WCAS) in the US District Court for the Southern District of Texas. The lawsuit targets a common private equity strategy known as a “roll-up.” A roll-up merger typically occurs when a private equity company acquires several small companies in the same market and subsequently merges those companies.

In Antitrust / Competition

United States: DOJ and FTC ramp up enforcement against interlocking directorates

by and 9 Mins Read

The US Federal Trade Commission (FTC) and the US Department of Justice Antitrust Division (DOJ) (together “Agencies”) each have recently taken enforcement actions that demonstrate renewed attention on interlocking directorates (in which individuals simultaneously serve as directors on the boards of competing companies). Interlocking directorates are prohibited under Section 8 of the Clayton Act unless one of its de minimis exceptions applies. Those exceptions are dependent upon the volume of revenues derived from products sold by the operative companies in competition with one another.

In Antitrust / Competition

Spain: National Commission for Markets and Competition approves guidelines on public sector contracts

by 3 Mins Read

“Communication 1/2023, of 13 June on the criteria that shall govern the prohibition for companies that distort competition to enter into contracts with the public sector by the National Commission for Markets and Competition” (the “Communication”) has been approved. The Communication sets out the criteria that will guide the CNMC when determining the prohibition to contract with the Public Sector and the scope of the prohibition. The CNMC will follow the criteria set out in the Communication in its future infringement decisions.

In Antitrust / Competition

Indonesia: KPPU may change its approach in assessing penalties for late merger filings

by and 3 Mins Read

On 28 July 2023, speaking at a seminar at KPPU’s head office, the competition authority’s Director of Mergers and Acquisitions indicated that KPPU may consider applying a new method for calculating administrative fines taking into account the sanctioning provisions under the Government Regulation No. 44 of 2021. This would enable KPPU to impose fines of more than the nominal limit of IDR 25 billion set under the Government Regulation No. 57 of 2010, increasing the legal risks for failing to file merger notices on time.

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