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Articles

Ukraine: A Brief Primer on Sanctions, Expropriations and State Break-ups

By Allen & Overy

The purpose of this brief note is to help market participants make contingency plans where the political crisis involving Ukraine results in sanctions and embargoes, exchange controls, expropriations and the break up of Ukraine. It focuses in particular on the legal impact these events might have on financial contracts, such as bond issues, bank loan agreements, deposits and investments. It does not deal with wider political and economic consequences, such as the impact on a country’s economy and its banking system.

Articles

Reform of the German Competition Law

By Ellen Braun, Jürgen Schindler, and Martin Bechtold; Allen & Overy LLP

This article summarizes the 2013 reform of the German Competition Law and assesses the potential impact on competition practice in Germany.

Articles

Effective Management of Business Funds (Japan)

By Hayabusa Asuka

Effective management of business funds is a very important goal for a company with several foreign branches or affiliate companies. One strategy for achieving effective funds management is to implement a cash pooling arrangement (including a cash management system). There are two types of cash pooling arrangements: actual cash pooling and notional cash pooling. This article provides information on both types.

Articles

405 02 The Economics of Public Interest Provisions in South African Competition Policy

By Willem Boshoff, Daryl Dingley, Janine Dingley

The paper identifies three issues related to the economics of public interest provisions. Firstly, the paper considers the problem of using public interest provisions as motivation for arbitrary (rather than systematic) interventions in competition cases. The paper relates the problem to broader economic policy uncertainty. Secondly, the paper considers the relationship between public interest objectives and the welfare standard in South African competition cases. Thirdly, the paper considers the analytical requirements for investigating public interest issues, including the need for dynamic rather than static analysis as well as the problem of ‘merger-specificity’, especially in relation to job losses.