India: CCI finds cartelisation in chemicals tenders

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India: The age of telephony has arrived

On 19 June 2018, the Department of Telecommunications, Government of India (DoT) finally provided its nod to several key recommendations (Recommendations) made by the Telecom Regulatory Authority of India (TRAI) on the Regulatory Framework for Internet Telephony in October 2017. DoT has released a clarification (Clarification) and certain amendments to existing licenses (Amendment), both of […]

India: Second ordinance to amend the Insolvency and Bankruptcy Code

The President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance 2018 on 6 June 2018 (Ordinance) to amend the Insolvency and Bankruptcy Code 2016 (IBC). In the short history of around one and half years since the provisions relating to corporate insolvency resolution process under IBC came into force in December 2016, the […]

India: Amendments to securities board delisting regulations

Between 31 May to 1 June, the Securities and Exchange Board of India (SEBI) amended a number of securities regulations to provide certain dispensations for listed companies undergoing the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code 2016 (IBC). These amendments follow SEBI’s discussion paper of March 2018, which set out specific […]

India: Hotel is operator’s taxable presence

The Authority for Advance Rulings (AAR) recently ruled that the hotel property in India operated and managed by the applicant, FRS Hotel Group (Lux) S.a.r.l. (now FRHI Hotels & Resorts S.A.R.L) (Taxpayer) is its ‘fixed place’ permanent establishment (PE) in India. Accordingly, income of the taxpayer attributable to such PE in India is taxable as […]

India: Supreme Court clarifies NCLAT’s powers in appeal

On 18 May 2018, in M/s B Himmatlal Agrawal (Appellant) v Competition Commission of India (CCI) and Anr. [Civil Appeal No. 5029 of 2018], the Supreme Court of India (Supreme Court) distinguished the decision of the National Company Law Appellate Tribunal (NCLAT) while disposing of a statutory appeal under the Competition Act, 2002 (Competition Act). […]

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AI, used correctly, can help solve some of our most pressing employment law issues

By Darran Brennan The World Economic Forum has defined Artificial Intelligence (AI) as an element of the fourth industrial revolution (4IR) and something which will change our world and workplaces. This is similar to the changes envisaged during the previous industrial revolutions (let’s not forget the fears of the Luddites) but what is different now […]

How Vodafone reviewed its legal team’s workflow

In the second half of 2015 Vodafone began to review the workflow of its property legal team. The impetus behind the move was to get away from the in-house team’s immersion in every part of the property process, allied to a requirement across the business for greater efficiency, visibility of risk and digitisation. The Vodafone […]

Facebook: you have a £500,000 fine from the Information Commissioner’s Office

By Andrew Mills Facebook is set to be fined £500,000, the maximum amount possible, for two breaches of the Data Protection Act 1998 (DPA 1998). Due of the timing of the breaches, the ICO was unable to levy the fines introduced by the General Data Protection Regulation (GDPR), which caps fines at the higher level of 20m […]

30 years on, the role of semi-contentious practitioners is growing

By Gavin Ferguson and Alice Bricogne In this Q&A Advocate Gavin Ferguson and senior associate Alice Bricogne explain how changes in the industry since the trusts boom in the 1980s and early 1990s have led to the blurring of the lines between contentious and non-contentious practitioners…

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By Connie Cliff and Martin Chitty Treatment of “sleep­-in” shifts for national minimum wage (NMW) purposes is an area that can often cause confusion. Where a worker is required to work a number of sleep­in night shifts at the employer’s premises, and be available in case of an emergency, does the full night shift constitute ‘working’ […]

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