McDermott International Legal Highlights May 2018

Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making

More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic ones. Nationalism is in. Globalisation is out.

Nationalistic rhetoric is proliferating across the global political landscape. From India, and Prime Minister Narendra Modi’s “India First,” to the United States, and President Donald Trump’s “Make America Great Again,” politicians are scoring popularity points and galvanising voters who yearn for national glory.

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Beware of “Gun Jumping;” EU Court Confirms Fine on Norwegian Seafood Company

Between 2012 and 2013, Marine Harvest ASA, a Norwegian seafood company, acquired Morpol ASA, a Norwegian producer and processor of salmon. Marine Harvest notified the transaction to the European Commission under the European Union’s Merger Regulation, but implemented it prior to the European Commission having granted clearance. The European Commission imposed in 2014 a EUR 20 million fine on Marine Harvest for “jumping the gun”. On 26 October 2017, the General Court of the European Union confirmed the European Commission’s decision.

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Going Global – International Health Care Joint Ventures and Affiliations

Governments and their health care systems or operators are increasingly looking for improved, economically viable and more robust delivery of health care services. This has generated a real opportunity for entities that can provide these services to fulfil their needs. Global health care entities, health care operators and governments are increasingly entering into cross-border joint ventures and affiliation models to gain access to best practice in an effort to better deliver health care services

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CNIL’s “Connected Cars” Compliance Pack

In mid-October 2017, the French Data Protection Authority (CNIL) issued its “Connected Cars” Compliance Pack. This Pack has been designed as a toolkit, not only for France but with a more European GDPR perspective, on how connected cars (for personal, not professional, use) should be made to comply with data protection requirements. Although mainly intended for car manufacturers, it is being used notably by insurers and software editors can usefully refer to it.

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