International News Spring 2005
June 2005
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In This Issue
International Practice Head David Ryder addresses current issues affecting businesses.
AIM—A Credible Alternative?
By Andrew Croxford and Andrew Caunt
An AIM listing may not be a “one-size-fits-all” solution, but it can present an attractive option when compared to a number of senior markets.
Competition in the Italian Electricity and Television Advertising Markets
By Paolo Scarduelli
In November 2004 and February 2005, the Italian Antitrust Authority carried out two investigations in relation to the electricity sector and the television advertising market in order to establish recommendations for improving competitive practices.
EU Customs Regulations
By Laurence Cohen and Amanda Easey
How can a patent holder who believes his patent is being infringed by goods being imported into the EU ensure redress?
To Be or Not to Be Listed? The Unwanted Listing of U.S. Companies on German Stock Exchanges
By Dr. Martin Kock and Daniel Dehghanian
The securities of thousands of U.S. companies are currently listed on German stock exchanges. A significant number of these companies do not know about the listing, do not want it or even, in some cases, object to it.
Derivatives: The Italian Framework and the Evolution of the EU Regulations
By Massimo Trentino and Francesca Viggiani
The use of financial derivatives by Italian regions, cities, provinces and municipalities is on the increase. The implementation of a December 2004 Directive is set to change the situation.
FSA Introduces MAD-Compliant Market Abuse Regime
By William Yonge
The new Market Abuse Directive (MAD) laws and FSA provisions commence on July 1, 2005. The new regime, regardless of its tardiness, has been welcomed in the United Kingdom by bankers and lawyers.
Contracting with the National Health Service in the UK
By Clare Sellars
The NHS in the United Kingdom is increasingly seeking to procure goods and services from external third-party providers, based both within and outside of the United Kingdom.
Financial Institutions Beware
By Gordon A. Greenberg
Protecting one’s company and, indeed, oneself, from investigation and potential criminal proceedings is becoming more important as the compliance checklist grows ever longer. Whether U.S.-based or not, banks and brokerages active in the U.S. market are subject to complex rules and regulations.
FOCUS ON: EU LAW
Update on the European Microsoft Case
By Duncan Curley and Philip Torbøl
In 2004, the European Commission concluded its long-running antitrust investigation into Microsoft and imposed on the company a record fine of €497 million (approximately US$640 million). How was this possible?
Parent/Subsidiary Liability in EU Competition Law: A Critical Issue for Companies and Practitioners
By Clive Stanbrook and Javier Berasategi
Under European Community competition policy, joint and several liability is attributed to parent companies arising out of the infringements committed by their subsidiaries. Companies need to be aware and make sure they protect their interests.
The New EU Chemicals Policy—A Burden on Business?
By Frank Schoneveld and Anthony Rosen
The new policy will, amongst other burdens, place an obligation on individual companies to register any chemical substance manufactured in or imported into the European Union.
Market Economy Status in China-Related EU Anti-dumping Investigations
By Philip Bentley QC and Ashok Ramanujam
Chinese exporters are sitting targets for anti-dumping action for the simple reason that China is not considered by the EU to be a market economy country.
New European Rules for Disposing Electrical and Electronic Goods
By Frank Schoneveld and Mélanie Bruneau
On August 13, 2005, new European Union rules will come into effect that will have a significant impact on importers/exporters, manufacturers and distributors of waste electrical appliances and electronic equipment.
The Legalities of Unsolicited Communications in the European Union
By Rohan Massey
Any entity in Europe that uses unsolicited or “cold-calling” techniques needs to be aware of the regulatory framework as breaching the legislation can lead to financial penalties or jail.
