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  • IFLR's fifth annual Merger Control Survey was conducted on a global basis over a two month period. Based on the responses, legal systems in each jurisdiction have been rated on a spectrum that ranges from predictable and light touch regulation to unpredictable or highly intrusive regulation. The ratings do not indicate whether or not a particular approach is justifiable or reasonable.
  • Under the 1977 legislation, where a party deals on its written standard terms of business exclusions or limitations of that party’s liability must pass the Act’s reasonableness test
  • Regulators are getting wise to cryptocurrencies
  • Gönenç Gürkaynak and Öznur İnanılır, ELIG Gürkaynak Attorneys-at-Law
  • Colin Raftery, director of mergers at the CMA, discusses policy developments, priorities and Brexit
  • On January 15 2018, the Vietnamese government issued Decree 09/2018/ND-CP which came into force on the same day. Decree 09/2018/ND-CP replaced Decree 23/2007/ND-CP in governing trading goods and other directly related activities by foreign investors and foreign-invested companies in Vietnam. Decree 09/2018/ND-CP sheds light on some issues which were not clear under Decree 23/2007/ND-CP, but on the other hand raises doubts on others. There are five takeaways affecting the retail business sector.
  • In furtherance of the Iosco principles, the Colombian Securities Market Self-Regulatory Organisation (SRO) has adopted a number of compliance-related certification requirements and is about to issue a comprehensive review of self-regulation guidelines for the foreign exchange (FX) market.
  • The Cyprus Securities and Exchange Commission (CySEC) has issued a notification to entities it regulates and to participants in the market in general of the consultation process regarding a proposed amendment of the EU prudential rules for investment firms.
  • In February, the United States Court of Appeals for the Second Circuit reversed a 2014 decision that had found Jordan-based Arab Bank liable for intentionally supporting the terrorist group Hamas. The original decision was made after the bank was tried by a Brooklyn-based jury for providing financing to the group, which has been linked to several militant attacks against Israel in the early 2000s. It was the first time in the US that a bank was held liable civilly for violating the Anti-Terrorism Act, which lets US citizens seek damages from international terrorism.
  • Alex Baker, director of competition advisory boutique Fingleton Associates, finds issues with the UK’s targeted merger strategy and its wide margins of discretion