Briefings in English - 2009
Foreign direct investment in the consumer products and retail sector in ChinaForeign direct investment in the consumer products and retail sector in China
Protecting the consumer from unfair tradingAs we approach the first anniversary of the coming into force of the UK’s Consumer Protection from Unfair Trading Regulations 2008 (the Regulations), this briefing considers their impact to date and the potential for tougher enforcement in the future.
Consumer class actions in the EUThe European Commission has been consulting on proposals for a form of consumer collective redress. This briefing summarises the options being considered, the opinions put forward by stakeholder organisations and how these possible reforms may affect businesses in Europe. (April 2009)
Renewed focus on cross-border trade: the European Commission voices new concerns about barriers to cross-border online salesThe European Commission has recently published a number of statements highlighting concerns about barriers to e-commerce. Its desire to protect consumers in the economic downturn is refocusing its attention on practices that prevent cross-border trade, particularly via the internet. It has already notified its intention to investigate further ‘the arbitrary segmentation of the internal market by traders for the sole purpose of price discrimination of EU consumers’ and to take a tough stance on such practices. Businesses should ensure that their policies and practices on cross-border trade comply with EC competition law principles. (April 2009)
Briefings in English - 2008
European Commission: focus on foodThe European Commission has published a report recommending greater regulatory scrutiny of the competitive environment throughout the food industry in the EU. It notes that the current economic conditions in the industry create a heightened risk of anti-competitive practices. This briefing focuses on the antitrust aspects of the report and sets out the possible implications for operators at all levels of the food supply chain, suggesting some practical measures they may wish to consider in anticipation of the Commission’s next steps. (December 2008)
Opportunities for foreign investment in China’s dairy sectorForeign investors have viewed the crisis of confidence in China’s dairy industry – caused by the melamine scandal and low valuations of dairy companies – as an opportunity to enter the sector. China’s government is encouraging consolidation in the industry, which is likely to lead to more investment. However, foreign investors are still subject to a number of restrictions and approval requirements, which are summarised in this briefing. (December 2008)
The International Comparative Legal Guide to: Product Liability 2008 : Implications of REACHRegulatory and Product Liability Implications of REACH for the ConsumerProducts Sector by Freshfields Bruckhaus Deringer LLP. (2008)
Environment: EU publishes its proposals to meet its 2020 emissions reduction targetAt the March 2007 European Council summit, EU member states committed themselves to cutting the EU’s greenhouse gas (GHG) emissions by 20 per cent by 2020, compared with 1990 levels, with a promise to move to 30 per cent if other industrialised countries follow suit. After some delay and intense behind-the-scenes lobbying by the member states and industry, the Commission finally published a package of legislative proposals designed to achieve these targets on 23 January. (March 2008)
Getting it right: product recall in the EUIn the first 10 months of 2007, the European Commission received 56 per cent more consumer safety alerts from EU member states than in the same period in 2006. What is driving this high level of activity in the EU? This report answers this and other questions on the basis of a major international study into industry attitudes to product safety and recall in the EU. (March 2008)
Treating customers fairlyEnsuring effective, industry-wide implementation of a policy of treating customers fairly (TCF) was a focus of much of the FSA’s work in 2007 and this will also be the case in 2008. Notably, in November 2007, the FSA published a report entitled Treating customers fairly: measuring outcomes reporting on its assessment of industry performance on TCF. The following month, the FSA issued a press release announcing that firms were not doing enough to ensure that their appointed representatives were treating customers fairly in the sale of general insurance, mortgage and investment products. (March 2008)
EU food law in 2008The increasing regulation of the food industry in Europe is an inevitable consequence of the EU’s policy of strengthening consumer confidence in food safety and harmonising laws and regulations to ensure the free movement of food and feed. (February 2008)
Serious Fraud Office investigation into UK companies in connection with UN Oil For Food Programme contracts. (January 2008)This briefing summarises the position and the issues that arise and sets out some of our more relevant experience in this area. Clients who had any involvement with the OFFP should consider taking appropriate preparatory steps in expectation of an approach from the SFO.
Briefings in Japanese - 2009
中国における消費財•小売分野への直接投資2004年12月以降、外国小売業者は、中国において外商投資商業企業を設立、消費財・小売分野において卸売業、小売業、フランチャイズ業を営むことが許可されました。本稿では、外商投資企業が当該分野への直接投資を行う場合に発生する承認手続き、法律上の問題などについて紹介しています。 (2009年4月)
Getting it right: product recall in the EU
An international study of industry attitudes to product safety and recall in the EU
Is your product safe? New Guidance published by the European Commission (February
2010)
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