The EU General Court ruled that the Commission must demonstrate with a "strong probability" that the effect on competition is "significant" to block a merger that does not create a dominant company. In a rare judgment, the EU General Court annulled...By: Jones Day
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Since the introduction of environmental, social, and governance ("ESG") investing, the environmental and governance aspects have garnered significantly more focus. Issues such as climate change (under the "E") and board composition (under the "G")...By: Jones Day
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On May 20, 2020, the German Federal government adopted the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes to the AWV will be effective shortly, after publication in the Federal Gazette. Prompted by the COVID-19...By: Jones Day
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It is becoming increasingly clear that the impact of the pandemic will continue to be felt once lockdown measures are relaxed and goods and services are remobilized and deals are rekindled. In addition, many governments are easing restrictions...By: Jones Day
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The European Commission recently issued COVID-19-related guidance, ahead of the entry into force of the new EU FDI screening mechanism in October 2020. Several member states have been tightening their national FDI regimes as well. On April 27,...By: Jones Day
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The impact of COVID-19 on construction projects will vary significantly from jurisdiction to jurisdiction depending on a myriad of factors, including the severity of the pandemic, the nature and significance of government orders issued to address the...By: Jones Day
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The Situation: The Australian Government has temporarily reduced the monetary thresholds under the Foreign Investments and Takeovers Act 1975 (Cth) ("the Act")?which had long been in place to exempt some foreign investment transactions from the...By: Jones Day
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Amendment to the Civil Code Will Come Into Effect in April - On April 1, 2020, the Act to Partially Amend the Civil Code ("Amendment") will come into effect, with some exceptions. The Amendment will fundamentally change the provisions dealing with...By: Jones Day
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The new guidance encourages EU Member States to make full use of existing, and adopt new, investment screening mechanisms. Investments in the health care sector and related industries are likely to face increased scrutiny and may be blocked or...By: Jones Day
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The Background: Beginning with this proxy season, ISS will use metrics based on "EVA"—economic value added—as part of its pay-for-performance analyses. ISS claims that this use of EVA-based metrics will present a better picture of a company's value...By: Jones Day
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