July/August 2010

Amendments to medical device regulations in Ireland | Byrne Wallace

The long-awaited revisions to the Medical Device Directive 93/42/EEC (MDD) and the Directive for Active Implantable Medical Devices 90/385/EEC (AIMD) were adopted by the European Parliament on 29 March 2007. These amendments are contained in Medical Device Directive 2007/47/EC (the 2007 Directive), which was published in the Official Journal of the EU on the 21 …

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Introduction to Middle East distribution and agency agreements | Rouse

The laws governing foreign ownership of companies in Middle Eastern countries are complex. While there are greater options today to allow international companies to do business in the Middle East (including the opportunity to establish wholly owned subsidiaries in free zones), one popular option is to appoint a local agent to sell goods or services, …

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The ‘failing firm’ defence in difficult times | Holman Fenwick Willan

Given the current economic climate, competition authorities are expecting a possible increase in the use of the ‘failing firm’ defence. The doctrine provides potential opportunities for businesses to acquire competitors, which in normal circumstances would be regarded as anti-competitive. The basic rationale behind the doctrine is that since the failing firm would have left the …

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ECJ rules on the validity of the Roaming Regulation | SJ Berwin LLP

On 8 June 2010, the European Court of Justice (ECJ) rejected the attempt by various leading European mobile network operators (MNOs) to challenge the validity of a cap imposed by the EU on the roaming fees they can charge customers travelling overseas. From the point of view of these providers, price-capping regulation has effectively curbed …

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Rent control laws: time for a change | Amarchand Mangaldas

Disputes between landlord and tenant are the most common and vicious in India. Many states in India have enacted rent control laws that govern the relations between landlords and tenants. Rent control laws exist in approximately 40 countries around the world. In most of these countries, the rent control laws were enacted in the backdrop …

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Immigration, politics and quotas | Magrath Sheldrick LLP

Due to the current economic climate, immigration has continued to generate a great deal of media interest in the need to bring foreign workers to the UK to participate in the UK labour market. At the same time, immigration continues to remain at the front of huge political debates, in particular the impact of migration …

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Procurement bans and the threat to self-reporting | DLA Piper

The existence of a mandatory exclusion from public procurement on a permanent and Europe-wide basis presents a real threat to the Serious Fraud Office (SFO)’s new culture of self-reporting. Richard Alderman, the current director of the SFO, has made it his mission in recent months to encourage companies to step forward and self-report any discovery …

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Coalition politics: blue + yellow = green? | Burges Salmon

The result of the 2010 General election has brought about one of the most radical shifts in British politics for over half a century. For the first time since the Second World War, two political parties, the Conservatives and the Liberal Democrats, have united to form a formal coalition government.

Procedural aspects of customs seizures of counterfeit goods in Austria, Romania and Slovenia | Wolf Theiss

The war waged by intellectual property (IP) rights holders in the EU against infringement by shipments of goods has recently become more intense. These rights mainly relate to trade marks, design and copyright, and IP rights holders pursue their claims through the customs authorities of EU member states. For example, the number of shipments stopped …

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Coalition government’s plan for tax reform | Jones Day

The Coalition Agreement made between the Liberal Democrats and Conservatives, published on 20 May 2010, together with the Queen’s Speech delivered on 25 May 2010, contained several proposals for tax reform, which in the government’s view are aimed at creating a fairer and simpler taxation system. The tax measures that have been proposed widely reflect …

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Ofcom tackled over broadcasting rights | Charles Russell Speechlys

The British Sky Broadcasting Group (Sky) and the Football Association Premier League (the Premier League) look set to challenge an order by Ofcom, the UK communications regulator, for Sky to reduce the price at which it sells premium sports content to its broadcasting rivals. The dispute arises from Sky’s exclusive rights to certain sports broadcasts, …

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Unincorporated joint ventures: remembering the basics | Baker & McKenzie Habib Al Mulla

Many foreign companies registered in the UAE form joint ventures to execute projects, especially in areas like defence, oil and gas, engineering, and construction. However, most of them are unaware that the legal provisions generally governing a foreign company in the UAE are not applicable to unincorporated joint ventures (JV).