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Resource Listings

Articles

Transfer of Undertaking Criteria - Netherlands

By Jan Dop, Esq., Russell Advocaten B.V., Amsterdam, Netherlands

This articles describes the criteria for a transfer of undertaking when planning a merger, acquisition or division of a business in the Netherlands.

Articles

Employee Participation the Dutch Way

By Reinier W.L. Russell, Esq.

The Netherlands, located in Northwest Europe, has an open economy that heavily depends on foreign trade. It borders the North Sea, Belgium and Germany and therefore plays an important role as a European transportation hub. Foreign entrepreneurs who wish to conduct business in the Netherlands will benefit from this article’s review of the Dutch approach to decision-making. On the work floor, employers and employees search for mutual interests, creating a culture of consensus. Collective bargaining takes place per sector of industry instead of being business-based. This article discusses direct participation by employees within the company in the Netherlands and in other European countries and, subsequently, indirect participation through unions.

Articles

Johnson & Johnson Held Liable for Violation of PRC Anti-Monopoly Law (China)

By John V. Grobowski and James Zhang, Faegre Baker Daniels

Last year, the Shanghai High People's Court rendered final judgment on an antitrust dispute between two Johnson & Johnson subsidiaries in China and their former distributor in Beijing. The judgment, which overturned a lower court ruling, held that the two subsidiaries were liable for damages resulting from attempts to enforce a vertical monopoly agreement against the distributor. As the first antitrust judgment relating to vertical monopoly agreements in China, the case signals the stance of the Chinese courts towards vertical trade restraints and provides guidance for future cases.

Articles

If Your Company Is Investigated In China... Reacting to Dawn Raids

By Squire Sanders

In the wake of recent investigations into business activities in China, companies and their investors have asked how to respond to a “dawn raid” by authorities in China. PRC law provides for the rights and protections listed in this article. Your ability to implement and enforce these rights will depend, naturally, upon the circumstances and the willingness of the authorities to comply, but the starting point is to know your position under applicable law.

Articles

Complex Product Intervention Risk: A Consumer-focused Approach

By Ashurst

This briefing examines the increasing scrutiny placed on the design and marketing of complex financial products intended for retail distribution in the UK, and offers points of comparison with other jurisdictions on the increased product intervention risk associated with these products.