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In AML & Financial Services Regulatory

Germany: Compliance and Investigation Trends in Germany in 2020

by , and 1 Min Read

In this publication, our lawyers from different practice groups discuss the trends in compliance and investigations of 2020 in Germany. We take a look at the most important developments and court decisions of2020. Discussing these trends will help companies doing business in Germany to grasp the developments in the area of compliance and investigations in the future. After providing a general overview and presenting the highlights of the developments in the last year, each practice group will outline the developments in their respective practice areas in greater depth.

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In Antitrust / Competition

Australia: COVID-19 – ACCC compliance and enforcement priorities in 2021

by , and 8 Mins Read

Yesterday, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, announced the ACCC’s compliance and enforcement priorities for 2021 and the market studies and advocacy work that the ACCC would continue this year.

Mr Sims identified a range of industry sectors, as well as specific competition and consumer law issues that will be the focus of the ACCC’s compliance and enforcement activities for 2021.

In Antitrust / Competition

Vietnam: New Decree promotes new opportunities for private investments in the airport infrastructure and operation sector

by and 7 Mins Read

The Vietnamese government recently issued Decree No. 05/2021/ND-CP (“Decree No. 05”)1 on the management and operation of airports and airfields in Vietnam, replacing Decree No. 102/2015/ND-CP (“Decree No. 102”).2 The new decree comes into effect on 10 March 2021, and provides for, among other things, new regulations regarding the investment and operation of airport and airfield projects in Vietnam.

In the context of the global shift from government ownership and operation to private participation in the airport and aviation infrastructure sector, and responding to increasing calls to promote private sector investments in airports in Vietnam, Decree No. 05 provides certain foundations to facilitate new opportunities for private investment in airports and airfields in Vietnam.

However, there are certain legal issues that will need to be considered in relation to airport concessions, depending on whether the legal and contractual frameworks involve public-private partnership (PPP) or private investment structures on a project-by-project basis.

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In Antitrust / Competition

Australia: Covid-19 – ACCC compliance and enforcement priorities in 2021

by , and 8 Mins Read

Yesterday, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, announced the ACCC’s compliance and enforcement priorities for 2021 and the market studies and advocacy work that the ACCC would continue this year.

Mr Sims identified a range of industry sectors, as well as specific competition and consumer law issues that will be the focus of the ACCC’s compliance and enforcement activities for 2021.

In Antitrust / Competition

Vietnam: New Decree promotes new opportunities for private investments in the airport infrastructure and operation sector

by and 7 Mins Read

The Vietnamese government recently issued Decree No. 05/2021/ND-CP (“Decree No. 05”)1 on the management and operation of airports and airfields in Vietnam, replacing Decree No. 102/2015/ND-CP (“Decree No. 102”).2 The new decree comes into effect on 10 March 2021, and provides for, among other things, new regulations regarding the investment and operation of airport and airfield projects in Vietnam.

In the context of the global shift from government ownership and operation to private participation in the airport and aviation infrastructure sector, and responding to increasing calls to promote private sector investments in airports in Vietnam, Decree No. 05 provides certain foundations to facilitate new opportunities for private investment in airports and airfields in Vietnam.

However, there are certain legal issues that will need to be considered in relation to airport concessions, depending on whether the legal and contractual frameworks involve public-private partnership (PPP) or private investment structures on a project-by-project basis.

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In Antitrust / Competition

Indonesia: Omnibus Law – Draft regulations published setting new Anti-Monopoly Law sentencing standards

by 4 Mins Read

On 4 February 2021, the Government published its long-awaited draft implementing regulations on the job creation law (the “Omnibus Law”).  Previously, the competition authority could impose an administrative fine for competition law infringements of up to IDR 25 billion. The new maximum penalty will be either 50% of the profit gained by the violating party in the period in which it was in violation or 10% of its revenue. The new regulations also introduce other factors to be considered in determining penalties, as well as amendments to the appeals procedure.

It is unclear when this draft, which was to be issued within three months after enactment of the Omnibus Law, i.e. 2 February, will be signed and in force.

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