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Cozen O'Connor | USA | 30 Jun 2022

Under Texas law, no tender means no obligation to defend

The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless…
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Lexology PRO | Brazil, Central & South America | 12 May 2022

CADE sanctions telecom operators for illegal consortium

Brazil’s antitrust watchdog has fined three of the country’s largest telecommunications service providers a combined €146 million for forming an unlawful consortium to win a public tender from a state-owned postal services provider for certain data transmission services.
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Fieldfisher | Germany | 13 Jan 2022

German FCO: inquiry results show decreasing competition in collection and transport of household waste

The German Federal Cartel Office (FCO) recently published a report on the sector inquiry into the collection of household waste and found that competition had decreased. It remains to be seen what steps the FCO considers necessary but there is a new provision in German competition law by which the FCO can oblige companies to notify mergers in certain economic sectors for merger control.
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Stek | Netherlands | 3 Jan 2022

Offshore wind energy developments in the Netherlands: road to 2030 and beyond

The government considers offshore wind energy to be key in the transition to a near complete climate-neutral energy supply by 2050. With the fulfilment of offshore wind energy capacity targets for 2023 in sight, legislative and policy steps are being taken towards achieving follow-up targets set for 2030 and beyond. Recently, an additional draft to the North Sea Programme 2022-2027 was......
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Schoenherr | Austria | 15 Nov 2021

EAG legislative package finally adopted – what's new?

In July 2021, the Renewable Energy Expansion Act (EAG) package was passed. The EAG and the accompanying legislative amendments are intended to promote the expansion of plants that generate renewable energy. Although the government bill was published in March 2021, the adopted version contains numerous amendments. The most important changes in the subsidy system are briefly outlined in this......
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Lenz & Staehelin | Switzerland | 18 Oct 2021

Swiss Federal Council adopts dispatch on Renewables Supply Act

The Federal Council recently adopted the Federal Act for the Security of Electricity Supply through Renewable Energies (the Renewables Supply Act). As requested by the consultation proceedings participants, the act combines a revised version of the Electricity Supply Act and a revised version of the Energy Act, aiming to strengthen the expansion of domestic renewables and secure Switzerland's......
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Anderson Mōri & Tomotsune | Japan | 31 Aug 2021

公開買付けに関する諸論点⑧ -ディスカウント TOB

公開買付けは、実務上、公開買付価格と対象会社の株式の市場価格との対比という観点から、プレミアム TOB とデ ィスカウント TOB に分けることができますが 1 、ディスカウント TOB においては、プレミアム TOB の場合には通常問題とな…
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BTG Legal | India | 6 Aug 2021

Tender Negotiations with the Indian Government

Upon the award of a government tender, there is typically very limited scope for vendors tonegotiate contractual terms. In fact, under the general…
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Nishimura & Asahi | Japan | 19 Jul 2021

Offshore wind bidding for round 1 areas in Japan

In 2020 the government commenced the tender process for the first round of offshore zones under Japan's new offshore wind law. This article briefly summarises the tender process of the round 1 areas and provides an update on the tender process expected for additional sea areas.
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Ogier | Cayman Islands | 14 Jul 2021

Financing considerations for take-private transactions

In 2020 there was a resurgence in listed companies incorporated in the Cayman Islands with links to Asia de-listing from global stock exchanges. This is a trend that has continued in 2021. There are broadly three ways to take private a Cayman Islands-incorporated listed company: a statutory merger, tender offer or scheme of arrangement. This article sets out the main financing considerations......
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