Conducting Business in Ukraine 2016 Conducting Business in Ukraine 2016 Conducting Business in Ukraine 2016 Baker & McKenzie Renaissance Business Center 24 Bulvarno-Kudriavska (Vorovskoho) St.
The Insolvency Service describes itself as the government agency that provides public services to those affected by financial distress or failure. It's core purpose is to deliver economic confidence by supporting those in financial distress, tackling financial wrongdoing and maximising returns to creditors. In order to achieve that purpose, the Insolvency Service utilises its investigation and enforcement powers to tackle financial or other misconduct.
On 25 February 2020, the High Court handed down an important ruling: Granville Technology Group Limited (In Liquidation) and Others v Elpida Memory (Europe) Gmbh and Others [2020] EWHC 415 (Comm). This is the first ruling by an English Court on how the Limitation Act 1980 should be applied to secret cartel claims.
On 21 January, the Office of Fair Trading (“OFT”) announced that it would carry out a market study, supported by Ofwat, the UK water and sewerage regulator, looking at the market for treatment of organic waste. The study will look at whether the market is working effectively to deliver the best outcomes for customers. The OFT decided to launch this study after considering a proposal and request from Ofwat. The OFT will lead on the study and utilise its experience in conducting market studies and of the municipal, commercial and industrial organic waste sectors.
Following concerns expressed by the Government and the Insolvency Service, the Offi ce of Fair Trading has launched an investigation into the world of corporate insolvency. A recent World Bank report revealed that the costs of closing a business in the UK are higher than other countries with similar or better recovery rates. The study will look at the structure of the market, the appointment process for insolvency practitioners and any features in the market which could result in harm, such as higher fees or lower recovery rates for certain groups of creditors.
On the 12 November 2009, the OFT launched a market study into corporate insolvency. The investigation was prompted by concerns raised with the Government and the Insolvency Service, and also following a recent World Bank report which showed that the costs of closing a business in the UK are higher than in other countries.
The Office of Fair Trading ("OFT") has announced that it will conduct a review of the corporate insolvency market in the UK. Its aim is to assess the level of competition in the UK market and ensure that the market itself is working well for consumers.
Following concerns expressed by the Insolvency Service and reports showing that corporate insolvency costs are higher in the UK than other European countries, the Office of Fair Trading (“OFT”) has announced that it will conduct a market study into the UK corporate insolvency market. The study will also look into the process for appointing insolvency practitioners. The OFT will be contacting key players in the market directly, and other interested parties are invited to make submissions.
Market studies
In 2017, in Bristol-Myers Squibb Co. v. Superior Court,1 the Supreme Court of the United States held that, in federal cases involving multiple plaintiffs, each plaintiff must establish that the court has personal jurisdiction over each of its claims.2 This severely limited the forums where plaintiffs could bring multiple-plaintiff cases against defendants.
The question is no longer whether the volatility created by the COVID-19 pandemic will deepen the difficulties businesses and other institutions face in the coming months, but by how much and in what ways. In the past few weeks, we have offered client mailings and webinars on COVID-19-related topics, and we will work to keep you informed of important developments as these issues evolve. Included below are updates to our recent commentary, with answers to questions we have been receiving.
Corporate
Impact of COVID-19 on M&A