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Ad tech in Australia: the competition agency’s findings and recommendations

Eastern European workers: exploitation in the construction industry and enforcement by regulatory agencies

Scott Pruitt versus the Environmental Protection Agency

IBA Global Insight, June/July 2018 - President Trump’s environmental chief appears to be battling his own agency. Global Insight assesses an internal struggle at the EPA that could have dire consequences for the fight against climate change.

The Brazil Antitrust Agency’s new study on digital markets

This article introduces and analyses the new study launched by the Department of Economic Studies (DEE) of the Administrative Council for Economic Defence (CADE), the Brazilian Competition Authority, in August 2020, on contemporary aspects involving the competition dynamics in digital markets. The 130-page study aims at reviewing and compiling several reports and papers produced by other antitrust authorities and international research centres. CADE’s study, inter alia, gathers fresh discussions on the mai

IBAHRI condemns Israeli ban on UNRWA, the UN’s Palestinian aid agency

The International Bar Association’s Human Rights Institute (IBAHRI), condemns the passing of legislation in the Israeli parliament to ban the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) from operating in Israel, revoking its privileges and immunities…

Impact of the Covid-19 pandemic on the French Anti-Corruption Agency

French courts have been closed since 16 March 2020 on the order of the Ministry of Justice. However, courts have continued to provide necessary services for hearings and matters related to ‘essential litigation’. All other proceedings have been suspended.

Times of change for European space institutions: competing responsibilities and adjustment of the European Space Agency’s geographical return

An introduction to the activities of the ESA and EUSPA as Europe’s two main space institutions and the critical discussions taking place in Europe regarding the competing fields of activity and the main principles of these institutions

Recent developments in the laws relating to online gaming and online betting in India

As in many other parts of the world, the age-old activity of gambling also finds various references in Indian history and mythology. While ancient texts such as the Rig Veda, Atharva Veda, Ramayana and Mahabharata caution against its harms, others such as the Katyayana Smriti, Manu Smriti and Narad Smriti support its regulated existence, citing its potential as a source of revenue for the Kingdom

Corruption risks in the use of agents in public procurement in India

The complexity and technicalities inherent in public procurement in India create an opportunity for agents or middlemen, as there is scope for those familiar with the convoluted process to assist bidders in navigating the process. While there is no blanket ban on the use of agents, it is very easy to cross over the amorphous border between what is allowed and what is illegal, and the high financial stakes coupled with the multiple touchpoints with public officials exacerbate the risk of influence peddling and corruption.

IBAHRI activities in Tajikistan in 2019

A summary of the 2019 IBAHRI activities in Tajikistan.

Arbitration in government contracts in Brazil

Arbitration is regulated in Brazil by means of Federal Law No 9,307, which in its original version did not expressly state the possibility of the Public Administration to elect this mechanism of dispute resolution in its contracts. This omission generated intense doctrinal and jurisprudential debates on the legality of the insertion of arbitration clauses in those contracts.

Recent developments in legislation and enforcement of antitrust law in the digital/tech sector in South Korea

This article summarises the latest enforcement trends in the digital/tech-based industry by the Korea Fair Trade Commission (KFTC). In addition to summarising the KFTC’s recent abuse of dominance cases against online business operators (G-Market and NHN) and the consent decree cases against two major internet portal companies (Naver and Daum), the article discusses the KFTC’s 2019 Enforcement Plan to monitor market practices that hinder innovative competition in the digital/tech sector

Recent developments in international taxation in Argentina

Upon the change of office in December 2019, the new Argentine Government (the 'Government') presented a bill (which Congress passed as Law No 27,541) declaring a state of emergency in a number of areas. Among the most relevant modifications, Law No 27,541: (1) levied a new tax on access to the foreign exchange market; (2) abrogated taxation on certain financial transactions; and (3) introduced relevant amendments to the Income Tax Law and Personal Assets Tax Law.

Non-discrimination rules in job advertising in Ukraine

This article describes the recent changes in employment laws in Ukraine regarding non-discrimination rules during recruitment, in particular in the field of job advertising. It also examines the relevant legislation’s alignment with Ukraine’s EU integration objectives and existing national legal frameworks.

Interoperability in healthcare in Brazil: trends and challenges

The debate over the integration of systems and information has been in the spotlight of the healthcare sector in Brazil. Collaborative and integrated management in the delivery of healthcare services is a key strategy driving the sector towards digital transformation. This article presents the current and future trends, as well as the hurdles for the implementation of full interoperability in healthcare in Brazil, from a legal and practical point of view.

Foreign investment in India – shift in regulatory powers.

Foreign investment in India – shift in regulatory powers

Regulatory trends in drug pricing and market access in Argentina

This article analyses the current regulatory trends in Argentina concerning drug pricing and market access. Based on the complex structure of the Argentine healthcare system, the strategies employed by pharmaceutical companies and healthcare payers, the existing legal frameworks and the role of institutions, such as CONETEC and CATPROS, are discussed. The article also highlights the recent initiative to create a new national health technology assessment agency (ANEFiTS), which could redefine the rules governing access, coverage and pricing in the country.

Recent developments in big tech regulation in India

The article examines the Competition Commission of India’s (CCI) decisional practice in cases of abuse of dominance in relation to big tech companies. The authors note that the CCI has adopted a cautious approach, and has on certain occasions expressed its reluctance in early intervention in a nascent sector. The article examines the need for the CCI to be driven by a fact-based approach in light of the jurisprudence from other mature regulators.

Artificial intelligence in healthcare: legal and regulatory challenges in Brazil

The use of artificial intelligence (AI) in healthcare has grown exponentially, as a reflection of the accelerated pace of technological innovation that characterises this field. This fast pace of development, of which generative AI is an example, brings both benefits and risks, which translate into challenges for Brazil in regard to the process of regulating this field.

Recent trends in regulations on autonomous vehicles in Korea

Recent trends in regulations on autonomous vehicles in Korea.

Foreign investment in India – a shift in regulatory powers

Foreign investment in India – shift in regulatory powers by Rishabh Bharadwaj and Neil Deshpande

Life sciences deals in Brazil in the post-pandemic era

M&A activity in Brazil in the healthcare and life sciences sectors soared during the coronavirus pandemic. However, in the aftermath, dealmaking has been drastically affected. Despite the challenges, the current post-pandemic landscape unveils new opportunities, targeting low-risk, complementary and profitable businesses in search for synergy and efficiency.

Abuse of dominance in the digital sector: recent developments in Brazil

The article describes and assesses the abuse of dominance investigations carried out by the Brazilian competition authorities in the digital sector. With nine cases already decided and six ongoing probes as of July 2019, there is a clear concern about false positives and avoidance of severe intervention, and no precise guidance on how companies should behave. The research also reveals interesting findings such as the importance of third parties, areas of concern and the inexistence of convictions.

Seizure of Russian assets in Ukraine: in search of balance

As of now, it makes no sense to calculate the exact cost of damages inflicted by the aggression of the Russian Federation: every day brings millions, and sometimes even dozens of millions of dollars in material damages, along with non-material losses that cannot yet be accurately measured. It also makes no sense to rely on voluntary compensation from the Russian Federation. Therefore, under these circumstances, the only realistic source of funding to compensate Ukraine for the damage caused by aggression is frozen Russian assets. Over the last year and a half, the subject of their confiscation has been widely discussed, but progress has been more than modest.

Key risks and considerations in M&A transactions in Indonesia

Investors in M&A transactions in Indonesia should be mindful of key considerations that require close monitoring. In practice, M&A deals are risky due to regulatory and compliance requirements, particularly when they affect the licensing, reporting, corporate governance and control structure of target companies. This article aims to assist business actors in identifying the key risks in M&A transactions and understanding the practical implications across the transaction lifecycle.

The gaps in final disposal of cannabis-based products in Brazilian legislation

The use of cannabis-based products for medicinal purposes was authorised in Brazil by the National Health Surveillance Agency (ANVISA) in 2019, but with a series of safeguards and precautions. There is also a provision that such products should be subjected to proper environmental final disposal, but the legislation in force has several gaps within this subject. This article aims to explore the inconsistences and alternatives for the legal treatment of the waste originated from the usage of these cannabis-

IBAHRI activities in Kazakhstan in 2019

A summary of the 2019 IBAHRI activities in Kazakhstan.

IBAHRI activities in Kazakhstan in 2018

A summary of the 2018 IBAHRI activities in Kazakhstan.

IBAHRI activities in Tajikistan in 2018

A summary of the 2018 IBAHRI activities in Tajikistan.

IBAHRI activities in Ukraine in 2019

A summary of the 2019 IBAHRI activities in Ukraine.