Chapter News

Digital Markets Act: rules for digital gatekeepers to ensure open markets enter into force

Tomorrow, the EU Digital Markets Act (DMA) will enter into force. The new Regulation will put an end to unfair practices by companies that act as gatekeepers in the online platform economy. It was proposed by the Commission in December 2020 and agreed by the European Parliament and the Council in record-time, in March 2022. The DMA defines when a large online platform qualifies as a “gatekeeper”. These are digital platforms that provide an important gateway between business users and...

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Employment Law and Immigration, Whitepapers

European M&A Study 2022 by C’M’S’ Law. Tax.

This year’s Study covers almost 500 share and asset deals on which CMS European offices advised in 2021. This is a record number of deals for one year and reflects the M&A boom in 2021. We observed that normal deal metrics applied in most of those transactions: a retreat from the particularly ‘buyer-friendly’ approach we found in 2020, and a return to more standard seller and buyer provisions. READ MORE

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Member News

Wilson Sonsini | European Union Adopts Flagship Digital Services Act

On October 27, 2022, the Digital Services Act (DSA) was published in the Official Journal of the European Union, sweeping in a new era in the regulation of digital services. (See Wilson Sonsini’s DSA Fact Sheet.) The DSA applies to providers of digital services, including those based outside the EU that provide services to users in the region. At more than 100 pages, the legislation imposes a raft of obligations on these companies, with some of the most burdensome relating...

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Member News

Jaguar Freight | Weekly Roar: How Low Can We Go?

In this week’s Roar: lower rates putting the pinch on carriers, blank sailings on the rise, on-again off-again labor trouble on US rails and at the Port of Liverpool, and growing concerns over maritime cyber security. It’s no secret that rates for containers from Asia are tanking as many services on the transpacific continue to be canceled. But the question on a lot of minds is how low will they go before setting a new normal? Carriers who were...

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Chapter News

ECB | Results of the September 2022 Survey on credit terms and conditions in euro-denominated securities financing and over-the-counter derivatives markets (SESFOD)

Tighter credit terms and conditions offered by banks to counterparties, mainly attributed to deterioration in general market liquidity and functioning Higher maximum amount of funding but shorter maximum maturity against domestic government bonds Deterioration in liquidity conditions continued for most collateral types Higher initial margin requirements for most OTC derivative types, especially commodity derivatives On balance, overall credit terms and conditions tightened over the June-August 2022 review period across all counterparty types. Price terms tightened for all counterparty types,...

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Member News, Uncategorized

Loyens & Loeff | ESG litigation – the criminal angle of greenwashing?

In a market that is becoming more conscious of the environmental (and social) impact of corporate activities, businesses in a vast array of sectors are keen to capitalise on this new trend by actively promoting their 'green' credentials. This incentive can lead to an increased risk of 'greenwashing' claims, as echoed by the recent international press. The present article is the first of the series that we want to dedicate to ESG (litigation) issues. As a starter, we discuss the...

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Member News

Troutman Pepper | SEC Reiterates Auditor Responsibilities in Risk Assessment

Independent auditors have been placed on notice to tighten internal fraud investigations following an October 11 statement by the U.S. Securities and Exchange Commission’s (SEC) chief accountant, which can be found here. This statement follows several 2022 enforcement actions taken against auditors accused of ignoring red flags during audits, likely due to pressure from clients. Paul Munter, who heads the SEC’s Office of the Chief Accountant, referenced several “deeply concerning” reports that suggest auditors are not acting skeptical enough...

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Member News

Vulcan Insight | EU set to accelerate the rollout of instant payments in euro

On Wednesday, the European Commission unveiled a long-awaited legislative proposal to make instant payments in euro available to all citizens and businesses with a bank account in the EU and EEA countries. The move will allow people transfer money 24/7, 365 days of the year, within just 10 seconds. Announcing the new measure, Commissioner for Financial Services, Mairead McGuinness, said that the bill would have a “seismic” impact, arguing that it was “comparable to the move from mail to email”. According to the...

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Chapter News

Latin America: HR/VP Borrell to visit Uruguay and Argentina and co-chair CELAC-EU Ministerial

High Representative/Vice President Josep Borrell will travel to Latin America, the third time of his current mandate, starting in Uruguay on 24 October and continuing to Argentina from 25 October. His mission aims to further strengthen both bilateral and regional relations, in particular through co-chairing the EU-CELAC Foreign Ministers Meeting which will pave the way for further high-level bi-regional engagement in view of a summit next year. In Uruguay, the High Representative will meet President Luis Lacalle Pou on 24...

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Member News

Arendt | New ECB draft guide on qualifying holding procedures

On 28 September 2022, the European Central Bank (“ECB”) launched a public consultation on its draft Guide on qualifying holding procedures (the “Draft Guide”). Although the ECB has exclusive competence to assess acquisitions and increases of qualifying holdings in all credit institutions established in Member States that participate in the Single Supervisory Mechanism, the national competent authorities (“NCAs”) serve as entry points for receiving the relevant notifications and making related proposals. The Draft Guide is intended as a user-friendly handbook. It...

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