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The Commission Introduces Derogations from the Competition Rules and Adopts Measures aimed at Supporting the Agri-Food Sector
Delphi, May 2020

On 4 May 2020, the Commission published the latest package of exceptional measures (announced on 22 April) to support the agricultural and food sectors that have been hit hardest by the crisis. The package of measures adopted by the Commission includes temporary derogations from EU competition rules for milk, flowers and potatoes, support for private storage of dairy and meat products and flexibility in the application of market support programs...

The Commission has Introduced Further Amendments of the Temporary Framework for State Aid During the Covid-19 Crisis
Delphi, April 2020

Many companies are affected by the economic crisis resulting from the spread of Covid-19. We have previously reported that, under the EU state aid rules, there are certain opportunities for the state and other public entitiesto provide support to these companies or sectors. On 19 March 2020, the Commission adopted a temporary framework for state aid, which was amended and extended on 3 April 2020, with a view to limiting the economic and social impacts of Covid-19...

The Commission has Published a Temporary Competition Framework and Guidelines for Ensuring Supply of Essential Products and Services during the Covid-19 Crisis
Delphi, April 2020

In a previous article we emphasised the importance of ensuring compliance with the competition rules even during an economic crisis – there are inter alia strict rules on cooperation between competitors. The outbreak of Covid-19 has led to a shortage of certain healthcare products...

Personal Protective Equipment and Medical Devices – How do Companies Ensure Compliance with the EU Rules during the Covid-19 Crisis?
Delphi, April 2020

Covid-19 is a so-called droplet transmitted virus, which means that the virus is spread through droplets which are expelled when an infected person e.g. coughs, sneezes or speaks. In order to reduce the risk of infection, it is of great importance that healthcare personnel have access to protective equipment in the form of e.g. visors, face masks, gloves and overalls...

What Happens under Rental Law in the Event of a Forced Closure of a Tenant’s Premises or Business?
Delphi, April 2020

We have recently witnessed several Swedish governmental decisions and recommendations that restrict citizens and businesses, in order to reduce social contact due to the outbreak of Covid-19. However, so far the authorities have not made any decrees that force tenants to close their businesses, such as restaurants and shops, or that prevent landlords from fulfilling their duty to provide the premises...

The Government’s Proposal to Minimise the Number of Physical Participants at General Meetings
Delphi, March 2020

Covid-19 makes it difficult for shareholders and members to attend annual general meetings in limited liability companies and other legal forms of association. Shareholders might belong to a risk group or having difficulties to travel to the place where the meeting is held. A limited liability company or association may not refrain from holding the annual general meeting or to postpone further than the last permitted date (six months after the end of the financial year)...

The implications of the Coronavirus pandemic on loan agreements and other finance documents
Delphi, March 2020

The devastating effect on the economy caused by the Coronavirus pandemic has adversely affected the business and financial condition of many companies...

Navigate your Deal through a Volatile Market
Delphi, March 2020

The M&A market has entered a volatile period, but there are several strategies that you as a seller or buyer can use to navigate your deal through to completion. These strategies may be particularly relevant for buyers who have secured financing or large cash reserves. We also expect that it will generally be a buyer’s market for some time to come.   Read this article as a PDF here. Purchase price mechanism...

A New Labor Law Road Map
Delphi, March 2020

It is, to say the least, an overwhelming time. On 16 March 2020, the government presented a proposal for support measures to companies and employees to mitigate the effects of the corona virus. The proposal was followed on 19 March 2020, by the bill “Additional Amending Budget due to the Corona Virus”.   Read this article as a PDF here...

The Swedish Government’s Proposed Rent Reductions as a Result of Covid-19
Delphi, March 2020

Covid-19 continues to affect businesses negatively. We have previously written about a few important considerations for tenants in connection with the extraordinary situation we are in. As mentioned in that article, if the tenant, on its own initiative, is forced to shut the business it conducts on the premises, the tenant is generally still obligated to pay rent as usual...

Insolvency Aspects of COVID-19
Delphi, March 2020

In order to alleviate the effects of the coronavirus, the Swedish government has proposed a crisis package that includes proposals for strengthening companies’ liquidity through the tax account, a new system for short-term working and the state taking over responsibility for sick-leave payment for two months. It is of course our hope that these proposals will result in most companies managing the effects of the coronavirus...

Export Restrictions Outside the EU of Certain Medical and Personal Protective Equipment
Delphi, March 2020

Since the outbreak of the epidemiological crisis caused by the new coronavirus, the disease associated with it, Covid-19, has been spreading fast across the world, reaching the territory of the EU. According to the Commission, the virus might have an enormous public health impact with substantial fatal outcomes in high-risk groups and significant economic and societal disruptions...

IT-Agreements and Covid-19 under Swedish Law
Delphi, March 2020

The corona virus and the covid-19 outbreak have had a major impact on people and companies. To limit spread of the virus, restrictions of various degree have been imposed by public authorities and sometimes taken on a voluntary basis by private organizations. Numerous countries have closed their borders, people are advised to avoid face-to-face meetings and many shops and offices are closed...

Competition Rules Apply also During a Crisis – Be Aware of Pricing and Discussions with Competitors
Delphi, March 2020

It is important for all companies to remember that a crisis, such as the current economic crisis that has arisen as a result of the Covid-19 pandemic, cannot be used as an excuse for companies to act as they please. EU and Swedish competition law, both the cartel prohibition and the prohibition on abuse of a dominant position, applies during a crisis as well...

COVID-19 - A Few Important Considerations for Tenants
Delphi, March 2020

The spread of the Coronavirus now affects all parts of society. Businesses must review their operations to minimize the negative consequences that may follow. At the same time, it is important to be aware of the legal consequences that may arise from risk minimization. Below is a general summary of some issues that can arise for tenants in commercial premises...

COVID-19: To Be Considered When Processing Personal Data
Delphi, March 2020

Because of the coronavirus, several questions related to processing of personal data must be raised – in particular within the context of work life. In this article, we touch on some of the most important aspects employers should consider when processing employees’ personal data.   A few days ago, the Swedish Data Protection Authority also published its guidance on the coronavirus and personal data. The guidance is available here (only in Swedish)...

Delphi insights: Covid-19 – Legal Aspects
Delphi, March 2020

Delphi has established local task forces at all our offices responsible for gathering knowledge, analyzing and continuously cover legal issues arising as a result of the corona virus and Covid-19.   We advise on a number of different issues and also offer backup resources to facilitate businesses continuity planning if key persons who are lawyers are directly affected by the virus...

Company Law and Capital Market Aspects of Covid-19
Delphi, March 2020

Due to the corona outbreak and the disease covid-19, various legal issues have arisen. The spread of the coronavirus has, inter alia, lead to several companies deciding to take measures before upcoming shareholders’ meetings, which for many public companies involve the gathering of a large number of shareholders...

Briefly About the Swedish Government’s Emergency Package
Delphi, March 2020

At today’s press conference, the Swedish Government announced a series of support measures for companies and employees to relieve the effects of the new corona virus.   Introduction of short-term work as per today The proposal means that the employer’s salary costs can be reduced by half as the Swedish Government will bear a significantly greater responsibility for costs, compared to when the law was introduced in 2013...

If and When Does the Coronavirus Constitute a Force Majeure Event Under Swedish Law?
Delphi, March 2020

That the coronavirus,[1] apart from its direct consequences to human health, also has major consequences for our society is something that most people would agree on. It is, however, too early to predict the extent of the consequences and there is currently a great deal of uncertainty. From a legal standpoint, the coronavirus will have indirect and direct consequences...

State Aid Measures to Support Companies Affected by the Covid-19 Pandemic – What Opportunities Exist?
Delphi, March 2020

The corona virus (Covid-19) is spreading across the world like a wildfire. We already know that the virus does not only affect human health – it affects the global economy as well. Travel is restricted, major events are canceled and restaurants and shops are closing in parts of Europe. One question that has arisen is what possibilities the state and the municipalities have to provide economic support to companies or sectors that are suffering as a consequence of the pandemic...

New Law Proposed to Extend Liability for Environmental Crime in Waste Management
Delphi, December 2017

In its bill, Extended Environmental Crime Provisions, from earlier this year, the government has proposed extending the scope of offences for environmental crime committed in conjunction with waste management. The proposal means that all waste management that can cause significant pollution, which is harmful to human health, animals or plants or that can cause other significant environmental nuisance is to be punishable. The penalty for the crime is a fine or imprisonment for up to two years...

Taking Responsibility = Liability
Delphi, March 2017

The courts’ widening of liability for polluted land and groundwater continues. From two new rulings it can be understood that taking responsibility in agreements can be held against the company that has chosen to be responsible. The fact that a person who pursues an activity or takes a measure (an “operator”) which results in pollution is also liable for the pollution is made clear in chapter 10 of Sweden’s Environmental Code...

New legislation for the protection of whistleblowers – how will your company handle a whistleblower?
Delphi, June 2016

A whistleblower is a person who raises the alarm or reports wrongdoing within their organisation. The Swedish Government is now proposing new legislation with the purpose of enhancing the protection of whistleblowers, to come into effect on January 1, 2017. Rebecka Thörn and Josefine Wir summarise the main points of the proposed legislation and give some advice on how your company can handle alarms raised by employees...

The time has come to be compliant!
Delphi, December 2015

It can hardly have escaped anyone’s attention that personal integrity is a highly topical subject within the EU, and that the work to adapt the existing regulations to new technical developments has been ongoing for several years. The work with the new data protection regulation has taken a long time but has now entered an exciting phase, after the start of the so-called “trialog negotiations” between the Commission, the Council and the European Parliament over the summer...

 

 

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