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Set out below are the key practical competition law considerations when preparing and submitting the Form CO to the European Commission (the Commission): Confirm eligibility for a Short Form CO to reduce disclosures. Build in time; a full Form demands extensive data, including Member State market shares. For turnover, use the Commission’s official ECB exchange rate and support the filing with economic analysis. If information is unavailable, explain why and estimate; if requests seem irrelevant, justify and obtain a waiver with the case team. Check accuracy; inaccuracies render the Form CO ineffective until the Commission is satisfied. Provide precise contact details for customers, competitors and suppliers, and include caveats for any assumptions. Allow time for authorisations and, where required, signature of the declaration by the relevant business person or in-house lawyers. Prepare required copies (one original, three paper, two CD or DVD) and translate supporting documents not in an EU official language. Review supporting documents for any “anti-competitive” language...
This Checklist sets out the principal questions practitioners should consider when advising a client facing a request for extradition. For a step-by-step overview under the EA 2003, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure, together with Extradition from the UK (cat 1 request)—checklist and Extradition from the UK (cat 2 request)—checklist. Read this Checklist alongside Practice Note: Extradition and the statutory framework—an introduction to extradition, which outlines the UK extradition framework and the effect of Brexit on extradition between the UK and EU member states. Principles determining extradition under the Extradition Act 2003 The initial points to assess for a client subject to an extradition request are: does your client fall within Category 1—is this an arrest warrant issued under the Trade and Cooperation Agreement 2020 (TCA 2020) or a European Arrest Warrant (EAW) issued before IP completion day? See Practice Note: Extradition and the statutory framework—an introduction to extradition) does your client fall within Category 2—is...
ARCHIVED: 11 pm (GMT) on 31 December 2020 signalled the close of the Brexit transition/implementation phase that followed the UK’s departure from the EU. At that specific moment (known in UK law as ‘IP completion day’), core transitional provisions ceased entirely. From IP completion day onwards, the UK is no longer able to participate actively in the European Arrest Warrant (EAW), because EAWs are available solely to Member States...
What is the US Foreign Extortion Prevention Act (or FEPA) and when did it come into force? On 22 December 2023, President Biden enacted the FEPA, after its approval by the US Congress as part of the Fiscal Year 2024 national defence authorisation legislation. The law reflects the President’s sustained commitment to confronting global corruption as a national security priority. It requires the US Attorney General to deliver an annual, publicly accessible report to Congress summarising major Department of Justice (DOJ) actions under FEPA, enabling Congress (and the public) to assess the effectiveness of the DOJ’s enforcement efforts year on year. That disclosure duty is expected to heighten pressure on the DOJ to bring cases in practice. FEPA widens the scope and reach of US anti‑bribery and corruption laws by expanding bribery offences to capture the ‘demand side’—including requests or solicitations—and by covering individuals acting in an unofficial capacity for relevant agencies and entities. It offers another tool for US regulators to initiate enforcement proceedings involving US interests and...
In this issue: Cross border criminal investigations Criminal procedure and evidence Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Cross border criminal investigations Ex-Goldman Sachs banker loses bribery extradition dispute A former Goldman Sachs employee has failed in his bid to block extradition to the US over alleged payments to Ghanaian officials, after a London court found on 7 June 2024 that the suspected offences were sufficiently tied to America to be tried there. See News Analysis: Ex-Goldman Sachs banker loses bribery extradition dispute. Criminal procedure and evidence Starmer could crack judicial crisis, former CPS chiefs say Keir Starmer’s strong...
In this issue: Public procurement Judicial review Brexit highlights Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Equality and human rights State accountability and liability Information law Other public law news New and updated content Dates for your diary Trackers Useful information Public procurement Procurement Act 2023—key developments since the ‘go live’ From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) took effect. Procurements started on or after that date are subject to PA 2023. Procurements initiated beforehand remain under the prior regime, namely the Public Contracts Regulations 2015 (SI 2015/102), the Utilities Contracts Regulations 2016 (SI 2016/274), the Concession Contracts Regulations 2016 (SI 2016/273), and the Defence and Security Public Contracts Regulations 2011 (SI 2011/1848). Our analysis sets out key points and developments a little over six months after the PA 2023 ‘go‑live’, together with market insight and reflections from several of...
This Practice Note examines the statutory bars to extradition from the UK contained in section 11 of the Extradition Act 2003 (EA 2003). There are numerous specific grounds that an individual may rely upon to resist extradition under EA 2003. Some of these grounds apply across both categories of request, while others are confined to EA 2003, Pt 1 or EA 2003, Pt 2 requests only. For an overview of the statutory scheme under EA 2003, see Practice Note: Extradition and the statutory framework—an introduction to extradition. For further guidance on the procedure applicable to EA 2003, Pt 1 and EA 2003, Pt 2, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure. Statutory bars At the extradition hearing, the district judge will assess whether the request relates to an extradition offence and whether any of the statutory bars to extradition apply. The statutory grounds for opposing extradition are then considered in turn...
ARCHIVED: This archived Practice Note offers background on the alterations to criminal procedure that took effect on 6 October 2014 under the Criminal Procedure Rules 2014, SI 2014/1610. Those provisions have since been revoked. The present rules on criminal procedure are set out in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 6 October 2014 and is not maintained. It is provided for background purposes only. What is changing in the Criminal Procedure Rules? The consolidated Criminal Procedure Rules 2014, SI 2014/1610 (Crim PR 2014), together with updated Criminal Practice Directions, commence on Monday 6 October 2014. This Practice Note summarises those amendments and, where appropriate, links to our newly created and revised materials. The most substantial amendments are covered in the Practice Notes cited below. Content across the Corporate Crime practice area has been generally revised to reflect any adjustments arising from Crim PR 2014. Appeal to the High...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the principal changes to the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) made by the Criminal Procedure (Amendment) Rules 2024, SI 2024/62, which came into force on 1 April 2024. The amendments comprise: extending live link direction provisions to extradition proceedings; additional and revised rules for correcting court records; re-drafted confiscation rules, including new provisions to meet requirements imposed by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023); amended rules on cost orders in restraint proceedings; and updated rules on disclosure management, witness companions, and applications to vary conditions of pre-charge bail. Live links In August 2022, the Criminal Procedure (Amendment No 2) Rules 2022, SI 2022/815, introduced various provisions supplementing statutory powers in the Police, Crime, Sentencing and Courts Act 2022 (PCCSA 2022) to direct the use of a live link in criminal proceedings. Comparable amendments for extradition under the...