Latest Articles

Employee Benefits for Same-Sex Partners Clear Law Institute Webinar – for 25% off use discount code ‘Solomon25’ In this interactive webinar, attorney Todd Solomon—who literally wrote the book on domestic partner benefits—discusses the impact of these rulings and the steps employers should take now to ensure that they are in compliance with all applicable laws for same-sex partners.…
by Katie Clark and James Noble With effect from 30 June 2014, the right to request flexible working has expanded so that it now applies to any employee with at least 26 weeks’ service. Employers should amend their flexible working policy documents to reflect the changes to the regime and plan in advance how they will deal with a possible increase in the number of requests. Read the full article
by Carsten SteinhauerSabine KonradAnna VescoArne Fuchs and Riccardo Narducci On 25 June 2014, Law Decree no. 91 /2014 (the “Decree”) regarding among others “urgent measures … for the limitation of costs applied to electricity prices” has entered into force. The Parliament has now 60 days to confirm and convert the Decree into law—possibly with amendments—or to repeal it. A repeal is unlikely, considering that these measures are politically strategic…
by Martina Maier and Philipp Werner (with contribution from Katharina Dietz) The European Commission (Commission) took the first concrete action towards using EU State aid rules against aggressive tax planning by multinational companies by opening formal investigations against Ireland (Apple), Luxembourg (Fiat Finance and Trade) and the Netherlands (Starbucks). The Commission has concerns that these companies may have benefited from a selective advantage in the form of tax rulings by tax authorities that confer on…
by Martina Maier, Philipp Werner and David Henry In a landmark ruling, the EU’s top court, the European Court of Justice (ECJ) in Kone and Others C-557/12 of 5 June 2014, has held that, where a cartel causes competing companies to increase their prices, the members of the cartel may be held liable for losses incurred by victims of those price increases. Please click here to read the full article.…
by Rohan Massey, Lionel Lesur, Veronica Pinotti, Vincent Schröder All e-commerce businesses active in the European Economic Area (EEA) should review their current processes, policies, terms and documentation and implement any changes before 13 June 2014 to ensure they are compliant with the new national laws of the EU Member States implementing EU Directive No 2011/83/EU on consumer rights. In those Member States that fail to implement the Directive into their national laws,…
by Katie Clark and Sharon Tan In a judgment handed down today, the UK Supreme Court has confirmed that LLP members are “workers”, even if they receive a share of the LLP’s profits. These individuals are therefore entitled to the rights and protections that UK legislation affords to workers, including protection against detriment for whistleblowing, and pension scheme auto-enrolment. Read the full article 
by Simone Goligorsky and Robert Coward In October 2011, the European Commission released a proposal to amend and extend the Markets in Financial Instruments Directive (MiFID), referred to as MiFID II. The MiFID II proposals consist of revisions to MiFID, along with the introduction of the Markets in Financial Instruments Regulation (MiFIR). Whilst MiFID sought to increase competition and consumer protection, the purpose of MiFID II is to make financial markets more efficient, resilient and…
by Veronica Pinotti, Lionel Lesur, Martino SforzaNicolò di Castelnuovo In its decision of 2 April 2014 in relation to the underground and submarine high voltage power cables cartel case (COMP/39610), the European Commission (Commission) held the parent companies of the producers involved liable, on the basis that they had exercised decisive influence over the producers. The fines levied by the Commission in this case totalled €301.6 million. One of the businesses…
by Andrea Hamilton, David Henry, Aiste Slezeviciute The Enterprise and Regulatory Reform Act 2013 took effect on 1 April 2014. Increased efficiencies and deterrence are the main drivers of this reform. As of 1 April 2014, the Enterprise and Regulatory Reform Act 2013 (ERRA) brings about significant substantive and structural change to the United Kingdom’s competition regime. As part of a more general overhaul of this regime, the recently created Competition and Markets…