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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Delphi

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Lower fees for re-use of public sector information – the PSI Directive and cases from the...

September 2012 - EU & Competition. Legal Developments by Delphi.

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Swedish Competition Authority

To enable a broader and more effective market for re-use of information collected by public sector bodies the EU decided in 2003 to introduce a common set of minimum rules regulating these questions. 

A better environment – reduced emissions – Industrial Emissions Survey SOU 2011:86

September 2012 - Projects, Energy & Natural Resources. Legal Developments by Delphi.

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Industrial activities are of great importance to Europe’s financial wealth. Industrial emissions, however, cause environmental pollution and industrial emissions constitute a major part of Europe’s total emissions to air, water and soil. Consequently, there is a need for regulation of industrial operations at an EU level. Partner Erica Nobel and associate Christina Hellström comment on the new legislation and the possible consequences thereof.

Latest news regarding the European Commission’s modernization of the state aid rules and...

September 2012 - EU & Competition. Legal Developments by Delphi.

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Swedish state aid news

While the European Commission's extensive modernization of the state aid rules proceeds, Sweden will have to wait for a national legislation regarding the application of the European Union's state aid rules since the legislative process has beenn delayed.

Revised Swedish anti-bribery legislation

September 2012 - Crime. Legal Developments by Delphi.

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Effective July 1st, 2012, the new revised Swedish legislation on bribery entered into force. The last time this area was more thoroughly revised was in 1977. The previous regulation was criticized for being both inaccessible and outdated.

Mandatory e-commerce for certain government authorities

September 2012 - TMT ( Technology, Media & Telecoms). Legal Developments by Delphi.

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On October 1, 2012, changes in Regulation (2003:770) on government authorities’ electronic information exchange enter into force. The changes involve an obligation for a number of government authorities to implement e-commerce, and from May 31, 2013 handle all of their orders for supplies and services electronically. In this article partner Kristian Pedersen and associate Ingrid Sandstedt present the new rules.

European private equity players believe strongly in Nordics

July 2012 - Finance. Legal Developments by Delphi.

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The new Nordic survey 2012 shows that the European private equity sector is greatly confident of the Nordics as an investment region.

EU harmonisation of the copyright originality criterion

July 2012 - Intellectual Property. Legal Developments by Delphi.

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As a consequence of a number of copyright rulings from the CJEU, the Swedish threshold of originality requirement is being superseded by an EU originality criterion. In this article, Henrik Bengtsson, IP expert at Delphi in Stockholm, reports on the development and the possible impact on the harmonisation of Swedish copyright law.

Stockholm City Court rules on “coach tour-cartel” – minority shareholders beware

June 2012 - Finance. Legal Developments by Delphi.

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When a company acquires a minority share in a competing company, legal issues concerning price-fixing, market sharing, exchange of information etc. may arise if the companies in question do not continue to regard each other as competitors.

European Commission proposes modernisation of State Aid rules

June 2012 - EU & Competition. Legal Developments by Delphi.

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The European Commission (“Commission”) issued on 8 May 2012 a communication, EU Modernization of the State Aid Rules, (COM(2012) 209 final), (“Communication”) to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

When responsibility has a price

June 2012 - Projects, Energy & Natural Resources. Legal Developments by Delphi.

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The Supreme Court makes clear that a party that has started to clean up contamination caused by another party is also deemed to be a business operator. This gives rise to joint and several liability for the original contamination. The fact that remedial work was intended to reduce the environmental impact is of no importance.

Swedish Spring Budget 2012

June 2012 - Corporate & Commercial. Legal Developments by Delphi.

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On April 16, 2012 the Swedish government submitted the spring budget of 2012 to the parliament. During the same day the Ministry of Finance released a memorandum with proposed tax law changes which was sent for consideration. The changes are suggested to enter into effect as of January 1 2013, with few exceptions. Below you will find a short summary of the key changes in the memorandum.

Right to judicial review of procurement process

June 2012 - Corporate & Commercial. Legal Developments by Delphi.

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Several of the players which regularly participate in public procurements are aware of the extended right to make an application to the court to have procurement cases reviewed. Almost a year has passed since the Supreme Administrative Court extended the right for suppliers to appeal in procurement cases to encompass a greater range of situations.

New legislation on the direct award of contracts to affiliated companies

June 2012 - Corporate & Commercial. Legal Developments by Delphi.

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On the 10th of May 2012 the Swedish parliament decided on the enactment of a permanent exemption in the Swedish Public Procurement Act (2007:1091) (“LOU”) for the direct award of contracts to affiliated companies1.

Delphi Tax Alert June 2012

June 2012 - Tax & Private Client. Legal Developments by Delphi.

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In a previous newsletter no. 1, April 2012 we described the Swedish government’s proposal on limitation of interest deductions. The bill was circulated for comments, which has now resulted in an amended proposal which, as a whole, follows the initial proposal.

Work environment liability with respect to the principle of legality and acquisitions

June 2012 - Employment. Legal Developments by Delphi.

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The question of liability for the work environment is increasingly in focus as are the demands on those parties who are responsible for knowing what applies and for taking action in accordance with these demands.

Abuse of a dominant position – recent case law in Sweden

May 2012 - Corporate & Commercial. Legal Developments by Delphi.

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This past year has offered some interesting cases in Sweden regarding abuse of a dominant position. In the TeliaSonera-case (cf ECJ case C-52/9) the Stockholm District Court imposed the highest fines ever ordered in Sweden, SEK 144 million (approximately EUR 15 million), for abuse of a dominant position through a margin-squeeze.

New Swedish rules proposed to make it easier to combat unlawful state aid

May 2012 - Corporate & Commercial. Legal Developments by Delphi.

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In October 2011 a remit proposing a much longed-for new national act on state aid was presented. Currently Sweden has no national legislation concerning the application of the European Union’s state aid rules.

Delphi Tax Alert

May 2012 - Tax & Private Client. Legal Developments by Delphi.

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The Swedish government has proposed new legislation which will entail further restrictions regarding tax deductions for interest expenses on inter-company loans. Kindly note that the proposed legislation will broaden the definition of the term ”affiliated companies”.

The European Commission publishes proposals to update the Market Abuse Directive

April 2012 - EU & Competition. Legal Developments by Delphi.

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On 20 October 2011, the European Commission published two proposals intended to update and strengthen the existing framework insuring investor protection under the Market Abuse Directive (2003/6/EC) (Market Abuse Directive).

Dawn raids in Sweden during 2011

April 2012 - EU & Competition. Legal Developments by Delphi.

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During 2011 there have been several interesting developments as regards dawn raids and legal privilege.

Merger control in Sweden

April 2012 - EU & Competition. Legal Developments by Delphi.

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Despite several attempts by the Swedish Competition Authority, Swedish courts have not yet prohibited any mergers, although a number of concentrations have been subject to commitments.

EMIR – Regulating the OTC Derivates Market

April 2012 - EU & Competition. Legal Developments by Delphi.

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The Presidency of the Council of the European Union recently published the final compromise text of the proposed European Market Infrastructure Regulation (EMIR), which the European Parliament adopted on 29 March 2012.

Simplified mergers and demergers

February 2012 - Corporate & Commercial. Legal Developments by Delphi.

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Changes are primarily implemented in Chapter 23 and 24 in the Companies Act (2005:551) regarding simplified mergers and demergers. The motive for implementing the changes is primarily to simplify the administrative burden for companies.

General Data Protection Regulation

February 2012 - TMT ( Technology, Media & Telecoms). Legal Developments by Delphi.

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EC proposes radical changes with regard to the processing of personal data

If adopted the EC’s proposal will involve radical changes to Swedish law and have wide-ranging consequences for the business industry. Henrik Bengtsson, Peter Nordbeck and Sofia Karlsson report the key points of the proposal. 

Public procurement – how the new provisions have been applied in practice

February 2012 - Corporate & Commercial. Legal Developments by Delphi.

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The 15th of July 2010 provisions were introduced to the Swedish legislation on public procurement concerning ineffectiveness of certain contracts which had been awarded illegally. In this article we summarize the case law that has been developed in this field so far.

Cheaper to book taxis from Arlanda – success for Delphi in the Market Court

February 2012 - EU & Competition. Legal Developments by Delphi.

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Delphi recently assisted Uppsala Taxi 100 000 AB in a competition case against Swedavia AB (publ) and EuroPark Svenska AB concerning booking fees for taxis from Arlanda Airport.

New rules proposed to make it easier to combat unlawful state aid

February 2012 - EU & Competition. Legal Developments by Delphi.

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State aid is contribution which municipalities, county councils or states give to individual companies. The aid may come in many different forms, e.g. grants, guarantee commitments free of charge, sales for less than market value, beneficial loans or tax benefits to individuals.

Sweden ratifies part II of the United Nations Convention on Contracts

February 2012 - Corporate & Commercial. Legal Developments by Delphi.

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for the International Sale of Goods (CISG)

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is a UN convention on contracting and sales between parties residing in different countries, and was adopted in 1980. 

New act on lease of movable property?

February 2012 - Real Estate & Property. Legal Developments by Delphi.

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In November 2007, Bertil Bengtsson was appointed to make an examination concerning the Consumer Services Act. In the memorandum he presented in conjunction with that examination, he concluded that the Consumer Services Act should not contain any rules on lease of movable property since lease of movable property does not legally constitute a service.

New Swedish Anti-Bribery legislation

February 2012 - Corporate & Commercial. Legal Developments by Delphi.

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The Government now presents a referral from the Council on Legislation concerning proposals to new revised Swedish legislation regarding bribery. The referral from the Council on Legislation has been awaited since the Official Report of the Swedish Government was presented in June 2010.

MiFID II

February 2012 - Finance. Legal Developments by Delphi.

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On 20 October 2011, the European Commission published its proposed changes to the Markets in Financial Instruments Directive (MiFID), which has been in force since 1 November 2007.

Regulation on short selling and certain aspects of credit default swaps

January 2012 - EU & Competition. Legal Developments by Delphi.

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As a result of the financial crisis 2008, a number of EU member states adopted emergency measures to restrict or ban short selling in some or all securities. As a result, different measures were adopted across the EU.

The Swedish Market Court prohibits airport operator Swedavia and its contractor EuroPark from...

November 2011 - Transport. Legal Developments by Delphi.

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abusing their dominant positions by imposing unfair fees for taxis

The Swedish Market Court prohibited today, following an application for summons filed by Uppsala Taxi 100 000 AB,  the state-owned airport operator Swedavia and its contractor EuroPark from imposing a fee for pre-ordered taxis to the major Swedish airport Arlanda in Stockholm, under penalty of a fine of EUR 200 000. 

Unclear rules impact adversely on Swedish real estate market

October 2011 - Real Estate & Property. Legal Developments by Delphi.

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Unclear tax rules deter real estate investors and in the worst case may impact on new construction in Sweden. Today there is a risk that the Swedish real estate market will be drained of billions of kronor. The reason lies in the unpredictable application of a complex regulatory framework for taxation of real estate. In recent years, the law and its application has become more and more unpredictable and difficult to interpret.

Enhanced deduction for corporate expenses on research and development

October 2011 - Corporate & Commercial. Legal Developments by Delphi.

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Sweden is - in relative terms - one of the leading countries in the world within research and development. Most part of research and development in Sweden is financed by the industry, with a total contribution of 83 billion SEK in 2007.

Simplified expert tax

October 2011 - Tax & Private Client. Legal Developments by Delphi.

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The purpose of the rules when they were introduced was to strengthen Sweden’s international competitiveness and to create incentives for companies to choose Sweden for start-ups and encourage companies to locate or retain leading management functions in Sweden.

NORDIC SURVEY 2011

September 2011 - Corporate & Commercial. Legal Developments by Delphi.

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The following results are based on an on-site survey of conference attendees, conducted by the law firm Delphi at the unquote” Nordic Private Equity Congress held in Stockholm on 31 May 2011. The survey captures the views of approximately 100 attendees representing all areas of the private equity industry.

EU Directive Introduces a 5 per cent Risk Retention Requirement

July 2011 - Finance. Legal Developments by Delphi.

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The Swedish Capital Adequacy and Large Exposures Act (Sw. Lag (2006:1371) om kapitaltäckning och stora exponeringar) has been amended as part of the implementation of the Capital Requirement Directive (2009/111/EC) (CRD II). The Swedish Financial Supervisory Authority (Sw. Finansinspektionen) (SFSA) has also issued detailed regulations (FFFS 2007:1) (as amended) implementing CRD II.

New Remuneration Regulations

July 2011 - Finance. Legal Developments by Delphi.

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The Swedish Financial Supervisory Authority (Sw. Finansinspektionen) issued new regulations on 1 March 2011, introducing new requirements for financial institutions to implement remuneration policies that are consistent with their long-term financial results.

ESMA – A new European Supervisory Authority

July 2011 - Finance. Legal Developments by Delphi.

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As of 1 January 2011, a new system for the supervision of the European financial market is in place.

Increased Deposit Insurance

July 2011 - Finance. Legal Developments by Delphi.

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The deposit insurance is a state-provided guarantee of deposits in respect of all types of accounts at banks and securities companies. The deposit insurance was as of 31 December 2010 increased to EUR 100,000 per customer from the previous level of EUR 50,000.

Financial Markets Committee

July 2011 - Finance. Legal Developments by Delphi.

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In 2009, the Swedish Government appointed a Financial Markets Committee, which during the years 2009 through 2012 will constitute a forum for discussions regarding the conditions of the financial sector in order to promote stability, confidence and efficiency.

Implementation of the UCITS-IV Directive in Sweden

July 2011 - Finance. Legal Developments by Delphi.

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The European Parliament approved in spring 2009 the directive (2009/65/EC) on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS-IV Directive). 

Financial Crisis Committee

July 2011 - Finance. Legal Developments by Delphi.

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The Swedish Government has appointed a Financial Crisis Committee, which will conduct an overview of the Swedish legislation regarding crisis management within the financial sector.

Alternative Investment Fund Managers Directive

July 2011 - Finance. Legal Developments by Delphi.

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On the 11 November 2010, the European Parliament voted on and approved the Alternative Investment Fund Managers Directive (AIFM Directive), which has been subject to somewhat harsh criticism both within and outside the EU.

Competition Law and the Pharmaceutical Industry

May 2011 - EU & Competition. Legal Developments by Delphi.

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Tuesday 17 May 2011


Mary Sunley Building, St Catherine’s College, Oxford

Procedural complexities to consider before appeal of permit

April 2011 - Projects, Energy & Natural Resources. Legal Developments by Delphi.

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Procedural complexities to consider before appeal of permit to conduct environmentally hazardous operations.

New trademarks act

April 2011 - Intellectual Property. Legal Developments by Delphi.

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Parliament has decided to introduce a new trademarks act which is to replace the existing
Trade Marks Act (1960:644) and the existing Collective Marks Act (1960:645). Parliament’s
decision is based on the government bill 2009/10:225. The new act also involves some
amendments to the Trade Names Act (1974:156). The act takes effect 1 July 2011.

A modern PBL

April 2011 - Projects, Energy & Natural Resources. Legal Developments by Delphi.

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A new planning and building act (Sw. plan- och bygglag) (”new PBL”) becomes
effective on 2 May this year and replaces the current planning and building act from
1987 (“old PBL”). The following article briefly highlights some of the more central
changes.

Personal data in social media

April 2011 - TMT ( Technology, Media & Telecoms). Legal Developments by Delphi.

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Public authorities and private companies are increasingly turning to social media for their communication with customers and citizens. Johan HĂĽbner reports on two decisions from the Data Inspection Board, which provide guidance in using social media in respect of the Personal Data Act.

Simplified mergers and demergers

February 2011 - Finance. Legal Developments by Delphi.

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Changes are primarily implemented in Chapter 23 and 24 in the Companies Act (2005:551) regarding simplified mergers and demergers.

A new Consumer Credit Act came into effect on 1 January 2011

January 2011 - Corporate & Commercial. Legal Developments by Delphi.

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A new Consumer Credit Act (Sw. Konsumentkreditlagen (2010:1846)) came into effect on 1 January 2011.

Enhanced integrity protection for individuals from 1 January 2011

January 2011 - Litigation & Dispute Resolution. Legal Developments by Delphi.

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Until now, several of the provisions of the Credit Information Act (Sw. Kreditupplysningslagen (1973:1173)) that protects the integrity of individuals were not applicable when credit information was shared on the Internet. The reason for this was that such information was protected by the Fundamental Law on Freedom of Expression (Sw. Yttrandefrihetsgrundlagen (1991:1469)).

Unfavorable court ruling in relation to credit institutions’ use of negotiable instruments

January 2011 - Finance. Legal Developments by Delphi.

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In a recent case by the Swedish Supreme Court (Sw. Högsta domstolen) (T 4904-08), the burden of proof of payments made by the debtor in relation to a negotiable promissory note was placed on the creditor. Since the borrowers had not confirmed that the debt had not been paid, the transferees were not in good faith in relation to the payment of the debt.

Impacts of the Public Procurement Act on mergers, acquisitions and similar transactions

January 2011 - EU & Competition. Legal Developments by Delphi.

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Something which is not as well known is that the provisions in the Public Procurement Act (Sw. abbr. LOU) can also play a crucial role in how a procured contract is handled after the procurement has ended and that the provisions in LOU can also apply in completely different contexts, e.g. in conjunction with company mergers, acquisitions and similar transactions.

Beware of sensitive competition advice – legal privilege does not apply to in-house counsel

January 2011 - Corporate & Commercial. Legal Developments by Delphi.

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Here, Elisabeth Eklund and Lisa af Burén explain when a company can be subjected to a dawn raid, what kind of material the competition authorities are entitled to read and the consequences of the Akzo-case on the protection of sensitive documents.

New CE marking requirements for medical technology software

January 2011 - Litigation & Dispute Resolution. Legal Developments by Delphi.

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On 21 March 2010 the new, revised directive 93/42/EEC on medical devices took effect. The amendments to the directive involve greater responsibilities for developers of software intended to be used for medical purposes.

Amendments to Swedish Companies Act finally enacted

January 2011 - Litigation & Dispute Resolution. Legal Developments by Delphi.

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Amendments to Swedish Companies Act finally enacted – cheaper notices to attend general meetings now open to all public companies

New Incoterms® from 1 January 2011

January 2011 - Corporate & Commercial. Legal Developments by Delphi.

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A new version of the well-known International Chamber of Commerce (ICC) Incoterms® becomes effective on 1 January 2011. Sverker Bonde reports on the amendments and measures companies may have to take in order to comply to the changes.

Controlling purchase prices: the locked box mechanism

November 2010 - Corporate & Commercial. Legal Developments by Delphi.

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From the seller's perspective, knowing the outcome of the sale process in terms of the price that it will obtain for a company is always of great importance. Usually, a buyer will make an offer to buy a company on a 'cash and debt-free' basis, meaning that the purchase price offered (ie, the enterprise value) will be adjusted up or down depending on the company's financial position at a given time to reach the actual purchase price.

Sale of subsidiary and deduction for input VAT on consultancy costs

November 2010 - Tax & Private Client. Legal Developments by Delphi.

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The Administrative Court of Appeal in the so-called SKF case refused a deduction for input VAT on certain consultancy costs incurred in conjunction with disposal of a subsidiary. The case is particularly interesting for companies which procure services in conjunction with so-called packaging of properties and for advisors in such transactions. Delphi’s tax advisors Mikael Knutsson and Johan Kristoffersson report on case law.

Worse tax position for R&D in Sweden

November 2010 - Tax & Private Client. Legal Developments by Delphi.

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An article in Biotech Sweden in August 2010, which is based on material supplied by Peter Utterström at Delphi, concludes that Swedish tax rules for R&D companies are more restrictive than those which apply in several other EU countries.

Competitors’ use of your TRADEMARK as a search word

November 2010 - Intellectual Property. Legal Developments by Delphi.

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If someone else is using my trademark as a keyword for advertisements leading to their website; does that constitute a trademark infringement? The ECJ has answered that question and others in a number of decisions.

What is a service concession?

November 2010 - Litigation & Dispute Resolution. Legal Developments by Delphi.

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In procurements, there is a difference between the regular purchase of services and paying for the right, fully or partly, to use the service.

Growing Corporate Environmental Liability

November 2010 - Corporate & Commercial. Legal Developments by Delphi.

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New decision from Environmental Court of Appeal increases corporate liability for clean up.

Sale of Subsidiary and Deduction for Input VAT on Consultancy Costs

October 2010 - Tax & Private Client. Legal Developments by Delphi.

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The Administrative Court of Appeal in the so-called SKF case refused a deduction for input VAT on certain consultancy costs incurred in conjunction with disposal of a subsidiary. The case is particularly interesting for companies which procure services in conjunction with so-called “enveloping of properties” and for advisors in such transactions.

Competitors’ Use of Your TRADEMARK as a Keyword

October 2010 - Intellectual Property. Legal Developments by Delphi.

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If someone else is using my trademark as a keyword for advertisements leading to their website; does that constitute trademark infringement? The European Court of Justice has answered that question and others in recent decisions.

What is a Service Concession?

October 2010 - Litigation & Dispute Resolution. Legal Developments by Delphi.

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The question of what constitutes a service concession has long been subject to debate because service concessions fall outside the application of the procurement directive and chapter 16 of the Swedish Public Procurement Act (LOU).

Growing Corporate Environmental Debt

October 2010 - Projects, Energy & Natural Resources. Legal Developments by Delphi.

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The environmental code, when introduced in 1999, increased corporate liability for cleaning up contamination. In the first place, the person who operated or operates the contaminating business is responsible for the clean up.

New rules for vertical agreements

June 2010 - Corporate & Commercial. Legal Developments by Delphi.

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The European Commission’s new rules on distribution of goods and services came into effect on 1 June. They replace the block exemption regulation 2790/1999, which has been in effect for just over ten years. Elisabeth Legnerfält and Helene Andersson highlight the most important changes in the new block exemption regulation 330/2010.

Voluntary audit for small companies

June 2010 - Corporate & Commercial. Legal Developments by Delphi.

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In the middle of April, the government submitted a bill to parliament proposing that small private, limited companies will be able to elect whether or not to appoint an auditor. Supposedly, the purpose of the amendments is to allow limited liability companies to decide, to the extent possible, upon the services they need for their organization and management.

New court hierarchy for cases under the Environmental Code and the Planning and Building Act

June 2010 - Projects, Energy & Natural Resources. Legal Developments by Delphi.

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The environmental courts were established in 1999 in conjunction with the Environmental Code taking effect. The court assumed the role which the Concessions Board for environmental protection and the water courts had had as licensing authorities. The property courts history is considerably older than the environmental courts, since they were founded in 1969.

Modernised commission agent act

June 2010 - Corporate & Commercial. Legal Developments by Delphi.

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A new act on commission agents has been in force since 1 October 2009. It replaced the commission agent act from 1914. A commission agent buys or sells in his/her own name but on behalf of another person. This means that the other contracting party is under the belief that s/he is entering into an agreement with a seller, e.g. a car dealer, but the financial interest lies with a third party, such as an importer who owns the car. The car dealer receives commission on the transaction, in about the same way an agent would. The person selling something for someone else (car dealer) is called a commission agent and the car importer is called the principal. However, the most common form of commission agent transaction takes place in securities on stock exchanges etc.

New rules regarding remuneration to directors

June 2010 - Corporate & Commercial. Legal Developments by Delphi.

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The code has been prepared by the Swedish Corporate Governance Board and is an instrument of self-governance for limited liability companies which are admitted to trading on a regulated market place in Sweden. It is not mandatory and a company may derogate from it on specific points.

Outsourcing 2010/11 - Country Q&A Sweden

June 2010 - Corporate & Commercial. Legal Developments by Delphi.

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To what extent does national law specifically regulate outsourcing transactions?

A simplified, complex Compulsory Holiday Act?

March 2010 - Employment. Legal Developments by Delphi.

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A new Compulsory Holiday Act comes into effect on 1 April. Leif Ramberg, Paula Hogéus and Fredrik Nordlöf describe the new rules.

Taxation of gift of future dividend

March 2010 - Tax & Private Client. Legal Developments by Delphi.

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Two new Supreme Administrative Court rulings make it clear that it is possible to give away dividends from a closely-held company without the giver being taxed for the dividend.

Time of employee’s acquisition of shares with restricted right of disposal

March 2010 - Tax & Private Client. Legal Developments by Delphi.

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The time of acquisition is decisive in terms of when taxation takes place. Oscar Nilsson reports on two rulings from the Supreme Administrative Court.

Agreement on the exchange of information between countries in taxation matters

March 2010 - Tax & Private Client. Legal Developments by Delphi.

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Sweden has entered into new agreements with several countries on the exchange of information in taxation matters. Thomas HĂĄkansson reports on the new agreements.

NL 09 – New general conditions for the supply of machinery

March 2010 - Corporate & Commercial. Legal Developments by Delphi.

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Olof Myhrman and Kristina Nilsson describe the updated provisions on the supply of machinery and other mechanical, electrical and electronic equipment.

Is a new act on the protection of personal privacy in working life on its way?

March 2010 - Finance. Legal Developments by Delphi.

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The committee on the protection of personal privacy in working life is submitting a proposal which will supplement the Personal Data Act. Mikael Ludwigs reports on the proposal.

Halved share capital in private limited companies

March 2010 - Finance. Legal Developments by Delphi.

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Parliament has decided that the share capital requirements for private limited companies are to be halved, from today’s SEK 100 000 to SEK 50 000. The change will take effect on 1 April 2010. Johan Lövbrand Nilsson reports on the decision.

 

Trade investment participation rights in the partnership sphere

March 2010 - Finance. Legal Developments by Delphi.

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From and including 1 January 2010, participation rights in partnerships and participations owned by partnerships will be treated as trade investment participation rights when taxed.

Earn-out Models for Mergers and Acquisitions

February 2010 - Corporate & Commercial. Legal Developments by Delphi.

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Buyers and sellers often have different views on how much a target is worth and how its value should best be determined. Normally, the valuation of a company is based on both its past performance and its projected future performance. While the seller may be confident of the company's future growth, the buyer may be reluctant to assume the risk of the company failing to perform as expected by paying the seller the whole purchase price upfront. In some cases this problem can be mitigated by the parties agreeing on the introduction of an earn-out provision into the transaction, thus spreading the risk between the seller and buyer.

Construction Company Wins Protracted Dispute on Illegal Industrial Action

February 2010 - Employment. Legal Developments by Delphi.

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A Latvian company, Laval un Partneri Ltd, with its principal offices in Riga, supplied around 35 workers for construction work on a number of sites in Sweden, including in Vaxholm, from May to December 2004. The work was to be performed by Laval's subsidiary, L&P Baltic Bygg AB.

Commission v Germany: A New Approach on In-house Providing?

January 2010 - Real Estate & Property. Legal Developments by Delphi.

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On June 9, 2009 the European Court of Justice (the ECJ) handed down its judgment in Commission v Germany (C-480/06).1 The case, the facts of which are described below (see section 3), concerns the scope for co-operation between local authorities without the need for a tendering procedure in accordance with the detailed rules of Directive 92/50 (which in all aspects relevant to this article are the same as in the new Directive 2004/18).2 At first glance the judgment may appear to the reader to be contradictory to the ECJ’s settled case law on what the Court itself refers to as in-house providing (the so called Teckal doctrine, described in further detail below in section 2).3 Consequently the judgment has, in Sweden as well as in other Member States, given rise to discussions among those active within the field of public procurement. Some commentators have even expressed the view that the judgment in Commission v Germany represents a new approach on in-house providing.

News: October 2009

November 2009 - Corporate & Commercial. Legal Developments by Delphi.

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The latest legal developments

Changes in Swedish legislation on wind power

November 2009 - Projects, Energy & Natural Resources. Legal Developments by Delphi.

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– the opportunity the energy sector has been waiting for?

Ethical rules on marketing – an obstacle merely in the USA?

November 2009 - Corporate & Commercial. Legal Developments by Delphi.

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The Göta Court of Appeal held in its judgment on 19 November 2008 that certain doctors could be convicted of accepting bribes – but not the suppliers. A decision which gives some food for thought…

Whistleblowing

November 2009 - Employment. Legal Developments by Delphi.

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Whistleblowing is a system under which employees in a company can report serious irregularities in the company aside of the normal reporting channels.

Criminal liability for faulty registration -

November 2009 - Corporate & Commercial. Legal Developments by Delphi.

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- for faulty registration of management participation programmes in privately held companies

New rules on public takeovers on the Swedish stock market

November 2009 - Corporate & Commercial. Legal Developments by Delphi.

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The rules enter into force on 1 October.

Record fines of SEK 500 million in the asphalt cartel

November 2009 - Corporate & Commercial. Legal Developments by Delphi.

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 â€“ are higher fines to be expected in the future?

Order to provide information

November 2009 - Corporate & Commercial. Legal Developments by Delphi.

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On 1 April 2009, new provisions were introduced to the Copyright Act which allow courts to order an Internet provider to disclose information regarding the personal data behind a particular IP address.

When are dawn raids illegal?

November 2009 - Corporate & Commercial. Legal Developments by Delphi.

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The recent pharma sector inquiry highlights a worrying use of power.

WHO IS RESPONSIBLE FOR DIAGNOSIS?

November 2009 - Litigation & Dispute Resolution. Legal Developments by Delphi.

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EACH AND EVERY DAY now the media publishes black headlines and stories about physicians making incorrect diagnoses. When reports of incongruity are filed to the National Boards of Health and Welfare Unit they get a lot of attention from the media.

Tougher Stance on Cartels in New Swedish Competition Act

August 2009 - EU & Competition. Legal Developments by Delphi.

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A new Swedish Competition Act entered into force on 1 November 2008. The new legislation means further harmonisation with EC competition rules and it also introduces a number of new features in order to enhance cartel enforcement. One of the new features is the introduction of disqualifi cation orders. The rules regarding fines have become both clearer and stricter in an aim to enhance legal certainty. Furthermore, it is now possible for companies to enter into settlement agreements with the Swedish Competition Authority (the “NCA”). As regards merger control, the rules are harmonised with the EC merger regulation through the introduction of the SIEC test. In addition, new turnover thresholds have been implemented. Helene Andersson and Elisabeth Legnerfält, lawyers at Advokatfi rman Delphi in Stockholm have summarised the most important developments.

Tougher Stance on Cartels in New Swedish Competition Act

July 2009 - Corporate & Commercial. Legal Developments by Delphi.

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A new Swedish Competition Act entered into force on 1 November 2008. The new legislation means further harmonisation with EC competition rules and it also introduces a number of new features in order to enhance cartel enforcement. One of the new features is the introduction of disqualifi cation orders. The rules regarding fines have become both clearer and stricter in an aim to enhance legal certainty. Furthermore, it is now possible for companies to enter into settlement agreements with the Swedish Competition Authority (the “NCA”). As regards merger control, the rules are harmonised with the EC merger regulation through the introduction of the SIEC test. In addition, new turnover thresholds have been implemented. Helene Andersson and Elisabeth Legnerfält, lawyers at Advokatfi rman Delphi in Stockholm have summarised the most important developments.

The pharma sector inquiry: a mere fishing expedition?

May 2009 - Corporate & Commercial. Legal Developments by Delphi.

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The European Commission appears unaffected by criticism of its use of dawn raids in the pharma inquiry: chief economist Vincent Verouden not only defends the raids but indicates this may be the Commission's new approach in all sector inquiries. This would be a step too far - dawn raids in sector inquiries are nothing less than fishing expeditions, say Helene Andersson and Elisabeth Legnerfält of Advokatfirman Delphi.

Swedish Private Equity - an overview, published in Getting the Deal Through

March 2009 - Finance. Legal Developments by Delphi.

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The Swedish private equity market has soared in recent years and has emerged as highly developed and attractive to investors even in comparison with other, more established, private equity markets. Accordingly the Swedish market encompasses all existing types of private equity and venture capital transactions, ranging from buyouts by private equity houses, seed and growth investments by venture capital houses, to public-to-private transactions of large listed companies as well as venture capital houses specialised in purchasing whole portfolios of companies.

Vertical agreements - Swedish competition rules, published in Getting the Deal Through

March 2009 - Corporate & Commercial. Legal Developments by Delphi.

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The national competition legislation applicable in Sweden is the Competition Act (2008:579) (the Act). The primary provisions applicable are chapter 2, section 1 (the national equivalent to article 81(1) EC) and chapter 2, section 2 (the national equivalent to article 81(3) EC).

The New Swedish Competition Act

December 2008 - Corporate & Commercial. Legal Developments by Delphi.

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A new Swedish Competition Act will enter into force on November 1, 2008. The Act was passed by Parliament on June 11, 2008. The new legislation means further harmonisation with EC competition rules and it also introduces a number of new features in order to enhance cartel enforcement. One of the new features is the introduction of trading prohibitions. The rules regarding fines will become both clearer and stricter in an aim to enhance legal certainty.

New Marketing Pracices Act from July 2008

October 2008 - Corporate & Commercial. Legal Developments by Delphi.

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On 1 July 2008 a new Marketing Practices Act entered into force. The new act implements Directive 2005/29/EC on unfair commercial prectices and implies some new aspects for Swedish companies to take into consideration.

Trading Emmission Rights in the EU

October 2008 - Finance. Legal Developments by Delphi.

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A report on the consequences of the EU systems for trading emmission rights

Shares in "advokat" limited companies not qualified

October 2008 - Finance. Legal Developments by Delphi.

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The Administritive Court of Appeals has, in a not appealed decision, on the 19 June 2008, dealt with the issue of the requirments for shares in a closely held limited company to be deemed as qulified.

Proposal to amendments of the tax legislation on account of the 2008 finance bill

October 2008 - Tax & Private Client. Legal Developments by Delphi.

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Ahead of the Autumn finance bill, the goverment has stated that SEK 30billion will be designed for reforms in the labour market and enterprise, welfare and investment for the future

Treaty Override - a Tax Treaty's relation to (new) Swedish CFC rules

October 2008 - Tax & Private Client. Legal Developments by Delphi.

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On 3 April 2008, the Supreme Administritive Court announced a decision in a case which has given rise to strong reactions amoung tax law specialists.

Retailers guilty of price-fixing in Volvo Cartel

October 2008 - Corporate & Commercial. Legal Developments by Delphi.

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In its decision of 10 September 2008, the Market Court held that eight retailers of Volvo and Renault cars in Southern Sweden were guilty of fixing sales prices and discounts on new cars, dividing the market for new car sales and fixing acquisition and sales prices on used cars.

The New Swedish Competition Act

October 2008 - Corporate & Commercial. Legal Developments by Delphi.

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A new Swedish Competition Act will enter into force on November 1, 2008. The Act was passed by Parliament on June 11, 2008. The new legislation means further harmonisation with EC competition rules and it also introduces a number of new features in order to enhance cartel enforcement.