May a manufacturer fix the price at which its distributor may sell its products (resale price maintenance)? Article 10 of the Federal Enconomic Competition Law sets out in seven paragraphs the activities that are classified as relative monopolistic practices, provided that: (a) the agent in question has substantial economic power in the relevant market; and (b) the purpose of effect of the activity is, or may be, to improperly displace other agents from the market, significantly impede their
Current economic competition legislation has imposed new rules on economic agents that operate in the national market. These rules have changed the nature of the relationships which business may have with competitors, suppliers, distributors, and customers ...
A trademark is any sign which, in the course of trade, can distinguish the goods or services from those of other undertakings. Trademarks are often also used as indications of a certain quality or life style (such as Lancome® trademark represents the luxury cosmetics) or as a marketing tool (such as the IKEA® and VOLVO® marks, which are featured not only on furniture but also on their services) ...
1. Overview of recent corporate governance reforms a. Recent initiatives There have been numerous recent changes in Hong Kong in relation to corporate governance matters, extending well beyond legislation and nonbinding codes. The roles of relevant regulators have also been examined and proposed changes made. As far as legislation is concerned, the most significant change is the introduction of the Securities and Futures Ordinance, which came into force on April 1 2003 ...
On October 29, 2004, the Supreme Court of Canada issued its much anticipated decision in the case of Peoples Department Stores (Trustee of) vs. Wise ...
HOUSTON (Reuters) - Fears that contracts signed with Iraq's interim government could be voided by a new elected leadership have made oil companies wary of entering into deals with the energy-rich country, experts said on Tuesday. "We're seeing some reticence from major oil companies in dealing with the interim government," Lori Feathers, a lawyer with Haynes & Boone, LLP told an energy industry gathering ...
Advertising in Ukraine is regulated mainly by the Advertising Act (the “Act”). Some aspects are also regulated by the TV and Radio Broadcasting Act, Printed Mass Media Act, Protection Against Unfair Competition Act, Copyright and Related Rights Act, Protection of Rights to Trademarks Act, Protection of Consumer Rights, Languages Act and others.The Act has recently become one of the most publicly debated laws in Ukraine ...
by Igor Shevchenko and Michael Kharenko, Shevchenko Didkovskiy & Partners The need for corporate governance regulation evolved as Ukraine gained its independence and began its transformation to a market economy. Privatisation of state companies has led to their reorganisation into joint stock companies with a diverse ownership base ...
In the commercial scope, the legal representation of limited liability companies is usually exercised by the President of the Board of Directors ...
It is basic to determine the legal status of enterprises in the business world. This becomes more important in different sceneries: when acquiring an existing corporation, investing in a going concern, granting loans, merger of companies, in joint ventures, etc. The term "Due Diligence" refers to the process of exhaustive search of the legal status of a specific enterprise ...
Many employers are turning to arbitration in an effort to avoid the costs and inconvenience of litigation. Before implementing a policy requiring employees to submit disputes to binding arbitration, however, employers should consider the advantages and disadvantages of arbitration, as well as the procedural hurdles that must be overcome before an arbitration policy can be enforced against employees. The Advantages: • Arbitration can be less burdensome to employers ...
This Guide is intended to act as a general guide for businesses which are contemplating moving into the United Kingdom.Click on the link below to view the guide ...
Corporate law issues in Ukraine are mainly regulated by the 1991 Enterprises Act, 1991 Companies Act, 1991 Ownership Act, 1991 Securities and Stock Exchange Act, and 1996 State Regulation of the Stock Market in Ukraine Act. As we can see, the majority of Acts laying down the basic concepts and principles of Ukrainian corporate law date back to 1991, when Ukraine gained its independence ...
Considerable publicity and a sense of shock surrounded a judgment of the Competition Appeal Tribunal (CAT) published on 3 December in relation to a proposed merger of two companies involved in the supply of data systems to the NHS. The judgment focuses on how decisions are reached by the bodies responsible for UK merger control and, in particular, the degree of discretion given to the OFT to clear cases without ordering a full four month inquiry ...
The globalization of markets, the opening-up of world trade, and technological development have allowed multinational corporations to gain ground, arousing concerns related to the defense of competition. Some nations and regional blocks, such as the U.S.A ...
Attorneys and other service providers who deal with securities may unwittingly become liable for aiding and abetting violations of the Texas Securities Act. Introduction: A recent decision from the Fort Worth court of appeals should concern anyone who deals with securities transactions, because the burden of proof for imposing liability on a person as an aider and abettor under the Texas Securities Act (“TSA”) just became a little easier ...
I. Introduction The Institute for Intellectual Property and Information Law at the University of Houston Law Center publishes “www.patstats.org,” providing United States patent litigation statistics. Specifically, with respect to the issue of validity, in 2000, the alleged infringer “won” the issue 53% of the time and the patent was held invalid, while the patentee “won” the issue only 47% of the time, and the patent was held valid ...
American Bar Association Annual Meeting 2003 Introduction Description of Revision Process How the 2003 Revisions Affect the Neutrality of Party-Appointed Arbitrators How the 2003 Revisions Affect Ex-Parte Communications Between the Arbitrators and the Parties and Between Themselves
Introduction All companies that engage in international commerce, whether large or small, should develop and implement a corporate compliance policy and training program so that employees, whether based in the US or abroad, are aware of conduct that could create liability for themselves or their company ...
Advanced Personal Injury Law Course 2003
On Monday, June 30, 2003, the SEC approved new rules proposed and adopted by the New York Stock Exchange (“NYSE”) and the Nasdaq Stock Market (“Nasdaq”) requiring shareholder approval of equity compensation plans or material amendments to existing equity compensation plans ...
Discovery for a New Millennium I. THE CHALLENGES OF ELECTRONIC EVIDENCE Computer usage now pervades all elements of society. Most businesses and many individuals conduct a significant percentage of communications through electronic media. E-mail, facilitated by the Internet, has become the dominate form of inter-office and intra-office communication ...
As required by Section 403 of the Sarbanes-Oxley Act of 2002, the Securities and Exchange Commission (the “SEC”) has adopted final rules and form amendments mandating the electronic filing, and website posting by issuers with corporate websites, of beneficial ownership reports filed by officers, directors and principal security holders under Section 16(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) ...
