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Recent Articles

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    28/03/2024
    South Africa

    Warning to all landlords: Perfect or suffer the consequences

    Does a landlord have an automatic right of retention/ lien over the movables of the lessee that can be exercised to off-set arrear rental? The Supreme Court of Appeal in the recent case of Ergomode (Pty) Ltd v Jordaan NO and Others (643/2022) [2024] ZASCA 10 (29 January 2024) laid down the law in an area of the law where many landlords have resorted to self-help for many years.The FactsIn this case, Ergomode Proprietary Limited (“Ergomode”) entered into a lease agreement with Sakhile Contract Mining Proprietary Limited (“Sakhile”), in which it was agreed that Sakhile would...
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    28/03/2024
    China

    Navigating China’s New Data Export Regulations: Companies’ Permissible Omissions and Essential Actions

    On 22 March 2024, the Cyberspace Administration of China (“CAC”) promulgated the Provisions on Regulating and Facilitating Cross-border Data Flow (“Provisions”). The Provisions have come into effect immediately as of 22 March 2024.It is a positive signal sent out by the Chinese government for smoothing and facilitating outbound data flow. According to the Provisions, some companies may be exempted from the obligation to pass security assessment, file the standard contract recordal or obtain personal information protection certification. However, this conclusion cannot be...
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    27/03/2024
    Europe

    Inflation Reduction Act

    The ActOn 16 August 2022, the US took an important step in the history of clean energy and climate change with the adoption of the Act. The Act establishes energy communities and offer production and investment tax credits for clean electricity, bonus credits for projects located in an energy community to ensure workers and communities are included in sustainable growth and prosperity.The Act, often deemed as the most significant climate legislation in the US history, provides financing, programmes and incentives to enable significant deployment of new sources of clean electricity, accelerating...
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    27/03/2024
    Turkiye

    ESG Aspect of M&A Transactions: Best Practice or an Inevitable Requirement?

    In the recent decade, environmental, social and governance (“ESG”) factors have become an integral part of corporate decision-making processes and have evolved into a critical framework for stakeholders aiming to align with sustainable and responsible practices. Financial institutions and investors worldwide are increasingly integrating ESG into their investment considerations. This is mostly driven by benefits such as risk mitigation, regulatory compliance, competitive returns, innovation and enhanced reputation.Hence, mergers and acquisitions (“M&A”) are also heavily...
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    27/03/2024
    United Kingdom

    REMAking the GB Electricity Market – new consultation published

    On 12 March 2024, the Department for Energy Security and Net Zero (“DESNZ”) published the long awaited second consultation wide-range of reforms that the UK Government has proposed to make to the GB electricity market through the Review of Electricity Market Arrangements (“REMA”)(the “Consultation”).This follows the first consultation (the “First REMA Consultation”) published in July 2022 (which we reported on here). The summary of responses for the First REMA Consultation highlighted a general consensus among respondents regarding the necessity for...
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    27/03/2024
    Czech Republic

    New antitrust tools in the Czech Republic – the Antimonopoly Office requests new powers

    At the request of the Czech Government, the Antimonopoly Office (the Office) has prepared a proposal for potential legislative changes. These changes are designed to enhance the Office's effectiveness in uncovering and penalising anticompetitive conduct while fostering market competition. Some of the proposed measures include accessing telephone locations, conducting fishing expeditions, and prohibiting mergers of competitors that do not to meet turnover criteria.New tools to fight oligopoly marketsThe Office can now intervene in markets where competition is distorted, e.g. by cartel agreements,...
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