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- The Legal 500 United Kingdom Awards 2013
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Legal market overview
2013 was a good year for the Finnish corporate and M&A market; the pace started to pick up in April and firms are optimistic that the trend will continue, partly on the strength of significant interest from Russian investors and companies. Strict fiscal management has allowed Finland to remain the only country in the eurozone with a Triple A rating, and while the capital markets have been somewhat slow overall, the debt capital markets have been relatively active. The energy sector is booming, and energy and infrastructure assets are very popular with many foreign investors. Another growth area has been the digital games sector, driven by a strong technology and IT sector in general.
Among law firm developments, the merger in September 2013 between Heinonen & Co, Attorneys-at-Law Juridia Ltd and Bützow Attorneys Ltd created a sizeable new firm, Attorneys-at-Law Juridia Bützow Ltd; Benjon Oy joined forces with Roschier in October 2012, forming a brands team within the IP and technology practice; Attorneys-at-law Trust Ltd is a new firm in the market; and Attorneys at law Borenius Ltd opened an office in St Petersburg, Russia, in February 2013, taking on a 15-attorney team from Mannheimer Swartling.
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Finland's New Merger Control Rules
Are all members of consortia jointly liable for the entire project or may they allocate liability and responsibility among them?
Lotta Uusitalo, Anne Petäjäniemi-Björklund and Leea Salminen, Attorneys at Law of Procopé & Hornborg, have written a book on the implications of competition law on information exchange.
The EC waste directive (2008/98/EC) will be implemented in Finland by the new Finnish Waste Act, which will enter into force on May 1, 2012.
Introduction Robert S Peckar Peckar & Abramson, PC 3
Written by Martin von Willebrand
The Finnish CFC legislation implies that a Finnish company may be subject to income tax for its share of the profit of a CFC regardless of whether these profits are distributed by the CFC to its shareholders or not. A CFC is defined as a foreign corporation owned and controlled by a Finnish tax resident that pays income tax in its domicile at a rate less than 60% of the Finnish corporate income tax rate.
The Finnish Supreme Administrative Court decided on 7 March 2011 (KHO 2011:21) to request for a preliminary ruling from the Court of Justice of the European Union (ECJ) concerning the question whether a Finnish parent company may deduct the final tax losses of its Swedish subsidiary after a cross-border merger.
The European Commission presented on 16 March 2011 a proposal that calls for a common system for calculating the tax base of business operating in the EU. At the moment, a company active within the whole EU can be forced to comply with up to 27 different national tax systems. The new Common Consolidated Corporate Tax Base (CCCTB) seeks to reduce the administrative burden, compliance costs and legal uncertainties by creating a "one-stop-shop" system where the profits and losses across the EU could be consolidated.
By its decision 18 February 2011 (S09/3055) the Helsinki Appellate Court confirmed that an owner is entitled to rely on the quality assurance of a well-known construction company at an acceptance inspection. The court held that the owner is entitled to demand rectification of construction defects and to claim damages for deficiencies discovered during the guarantee period.
BSkyB announced on 25 July 2014 that it had entered into agreements with 21st Century Fox to acquire 21st Century Fox's 57.4% stake in Sky Deutschland AG (SkyD) on a fully diluted basis and its 100% stake in Sky Italia. BSkyB also announced its intention to make a voluntary public takeover offer to the shareholders of SkyD for the purchase of their ordinary registered shares with no par value in SkyD against payment of a cash consideration of €6.75 per SkyD Share. The acquisition of 21st Century Fox's 57.4% stake in SkyD is for a consideration of €3.6bn, valuing SkyD at €6.75 per SkyD share. The total consideration for the acquisition of Sky Italia is £2.45bn with approximately £2.07bn to be paid in cash and the balance to be satisfied through the transfer of BSkyB's 21% stake in National Geographic Channel International to 21st Century Fox at a value of £382m. Subject to the number of SkyD minority shareholders that accept the offer, the total cash consideration overall may be up to approximately £7.0bn. The transactions are subject to regulatory and independent BSkyB shareholder approval. Read more...
Newly-established Opel Group GmbH assumes full responsibility as Single OEM Manufacturer for the Opel/Vauxhall business in Europe including Russia. Read more...
DONG Energy signed an agreement to sell 50% of the German offshore wind farm project Gode Wind 2 to a consortium of Danish pension funds (PKA, Industriens Pension, Lærernes Pension and Lægernes Pensionskasse). The total purchase price amounts to approximately €600m. According to the agreement, the wind farm will have a total capacity of 252 MW. DONG Energy will construct the wind farm, provide operation and maintenance services and will provide a route to market for the power production of Gode Wind 2. The purchase is subject to approval by the cartel authorities. Read more...
Carl Zeiss AG, Oberkochen has concluded a €500 Mio. syndicated loan for the purpose of refinancing existing financing. ZEISS is an internationally leading technology group in the fields of optics and optoelectronics with more than 24,000 employees and about €4.2bn in revenues. Read more...
Dürr AG, via its wholly-owned subsidiary Dürr Technologies GmbH, has reached agreement with several major shareholders of HOMAG Group AG (HOMAG) to acquire a total of 53.7% of HOMAG shares. The purchase price for the 53.7% of the HOMAG shares is € 219 million. An agreement was also reached with the Schuler family and the Klessmann foundation, who have so far held a 25.1% stake in HOMAG in the form of a share pool, on Dürr joining the pool. The share pool will consent to the completion of a control and/or profit and loss transfer agreement by Dürr. The execution of the purchase contracts is subject to approval by the relevant antitrust authorities. Dürr will submit a voluntary public takeover offer to the HOMAG shareholders to acquire all of the shares.
Gide's Warsaw and London offices have successfully completed another project for KGHM Polska Miedź. The largest Polish mining company officially announced an investment loan agreement for USD 2.5 billion for general corporate purposes which was signed on 11 July 2014. This is one of the most significant transactions of its type carried out in Europe this year.
Arbitration is a mechanism of binding dispute resolution which entails resolving disputes outside court in accordance with procedures and standards as determined by the parties in dispute. Arbitration is therefore an alternative to traditional litigation and is distinct from non-binding forms of dispute resolution such as mediation.- Ogier
As part of the Cayman Islands longstanding commitment to tax transparency and meeting international standards (most notably reflected in the fact that the Cayman Islands are on the G-20's 'white list' of compliant jurisdictions), the Tax Information Authority (International Tax Compliance) (United States of America) Regulations, 2014 (US Regulations) and the Tax Information Authority (International Tax Compliance) (United Kingdom) Regulations, 2014 (UK Regulations and together the Regulations), were gazetted and therefore brought into force in the Cayman Islands on 4 July 2014.- Ogier
The Gulf-based investor, Khalaf Al-Habtoor chose Lakatos, Köves and Partners again for a new hotel transaction in Budapest