J&J Consulting’s Post

Our latest article entitled "The Turkish Competition Authority fines major food companies for price-related information sharing in the fast moving sector (Nestle / Danone)” authored by Dr. Gönenç Gürkaynak, Dilara Yesilyaprak Akay and Beyza Nur Adıgüzel, and published in the Concurrences e-Competitions News Issue, is now available to read on our website: https://bit.ly/40BP95k #competition #competitionlaw #rekabethukuku #rekabet #article #makale #Concurrences #law #lawyer #lawfirm #hukuk #kanun #authority #board #Turkey #procedures #dominance

LOOK: For the second session of Day 4 of the PCC’s Mandatory Continuing Legal Education on Competition Law, PCC Enforcement Office Director Christian Loren B. De Los Santos discusses similarities, complementarities, and prohibited acts under competition and procurement laws. Key points: 📌 Competition law and procurement law, at its core, seek to promote public interest by ensuring the delivery of optimal goods and services through open and fair competition. 📌 Building upon the foundations established by the Government Procurement Reform Act (GPRA), the New Government Procurement Act (NGPA) introduced innovative measures to further enhance our existing procurement processes and institutions. 📌 A comprehensive approach to investigating and prosecuting collusion in public procurement, leveraging the combined strengths of the Philippine Competition Act (PCA), GPRA, NGPA, and Anti-Graft and Corrupt Practices Act (ACPA), can lead to effective specific and general deterrence. #CompetitionPH #CompetitionMatters #LegalEducation #CompetitionLaw #MCLE

𝐕𝐢𝐞𝐭𝐧𝐚𝐦 𝐞𝐱𝐭𝐞𝐧𝐝𝐬 𝐝𝐞𝐚𝐝𝐥𝐢𝐧𝐞 𝐟𝐨𝐫 𝐟𝐨𝐫𝐞𝐢𝐠𝐧 𝐩𝐫𝐨𝐝𝐮𝐜𝐞𝐫𝐬/𝐞𝐱𝐩𝐨𝐫𝐭𝐞𝐫𝐬’ 𝐫𝐞𝐬𝐩𝐨𝐧𝐬𝐞𝐬 𝐭𝐨 𝐚𝐧𝐭𝐢-𝐝𝐮𝐦𝐩𝐢𝐧𝐠 𝐢𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐧𝐚𝐢𝐫𝐞 𝐨𝐧 𝐜𝐨𝐚𝐭𝐞𝐝 𝐬𝐭𝐞𝐞𝐥 𝐟𝐫𝐨𝐦 𝐂𝐡𝐢𝐧𝐚 𝐚𝐧𝐝 𝐒𝐨𝐮𝐭𝐡 𝐊𝐨𝐫𝐞𝐚. With the initial deadline for submitting responses to the anti-dumping investigation questionnaire on coated steel products originating from China and South Korea set for August 7, 2024, many foreign producers/exporters have expressed that this timeline is insufficient for them to prepare thorough and detailed information. Read more: https://lnkd.in/gYbe3_3W #ASLLAW, #VietnamLawFirm, #LawFirmInVietnam, #DoingBusinessInVietnam, #ASL, #HanoiLawFirm, #HoChiMinhLawFirm, #AntiDumpingCountervailing, #Vietnamextendsdeadlineforresponsestoantidumping, #investigationquestionnaireoncoatedsteelfromChinaandSouthKorea.

Like many legal systems, Egyption law allows parties to an international contract to agree on the law governing their contract, However, this is contingent upon the absence of an international convention to which Egypt is a party and which is applicable to the dispute. In such a case, the ability of the contracting parties to exclude the said convention and apply other laws or even other international convention depends on the applicable convention itself and whether it permits the parties to exclude its application, as is the case with the United nation convention on contracts for  International Sale of Goods 1980, or prohibits the parties from excluding its application, as is the case with the Hamburg Rules 1978. Therefore, in the latter scenario, if the parties agree to exclude the convention and agree on the application of another convention or law, the judge shall disregard the parties' agreement and apply the convention."

The advantages and the limitations of the principles This talk aims to provide some clarity on this area of law and explain where the principles of the Treaty have provided a useful legal framework. The talk will also examine what are some of the limitations of using the ‘principles’ as opposed to the text of Te Tiriti o Waitangi itself. #ToitūTeTiriti https://lnkd.in/gUdr2ncW

It was an absolute pleasure to argue this matter before the CESTAT. Through diligent analysis, we identified the root of the problem causing this aberrant situation and duly navigated around it. Despite the appeals being listed at an unpropitious time (due to a recent adverse decision of the principal bench), we meticulously guided the tribunal through the intricate details of the National Litigation Policy and the amendment brought forth on 02.11.2023, shedding light on the complexities involved. Ultimately, the voice of rationality and reason prevailed. For those interested in reading the Order dated 22.05.2024, it is available below. #TaxLitigation #GSTLaw #Customs #NationalLitigationPolicy

Exciting to see your master of laws dissertation subject pop up in the feed and being discussed—especially when it’s shared by one of the lawyers (Magnus Schmauch (Dr.Iur. HSG)) who wrote an article which in turn helped me find the subject! The EU law nerd in me couldn’t resist saying a thing or two. I view Kubera (C-144/23) as a positive development where national law and EU law are intertwined. What I want to highlight is paragraphs 60 and 65 of the CJEU’s judgment. In my opinion, a key advancement in this case is that the CJEU, among other things, compared Article 267 TFEU with the second paragraph of Article 47 of the Statute. The judgment interprets these provisions as meaning that a national court, against whose rulings there is no legal remedy under national law, must, in its decision on the rejection of an application for leave to appeal—where a party has also requested the court to refer a question for a preliminary ruling to the European Court of Justice—state the reasons for not making such a request. Specifically, the court must explain whether: - the question is not relevant to deciding the case; - the relevant provision of EU law has already been interpreted by the European Court of Justice; or - the correct interpretation of EU law is so obvious that there is no room for reasonable doubt. Prior to this judgment, it was unclear whether a national court was obligated to state its reasons for not referring a preliminary ruling to the European Court of Justice when a party, in their appeal, included such a request. It’s always exciting to see developments like this, which clarify how national courts and EU law interact. If you also have read the case please write me a message or comment, I would like to hear your take. For the interested reader of course see the shared article by Magnus and my dissertation and summary can be found here: https://lnkd.in/dHmie5f5

The word’s worth. When you speak, every word carries meaning. When you sell, you take on the responsibility to fulfill the terms of the agreement. Typically, 95% of deals proceed smoothly. However, sometimes unpleasant situations arise, and it becomes necessary to sharpen all your resources to resolve problems as efficiently and swiftly as possible. My most recent challenge involved a case where customs confiscated a shipment at the arrival port. The reason was a violation of intellectual property rights. Naturally, before finalizing the deal, I had checked the description and photos of the cargo for any trademarks. There was nothing of the sort. Yet, the inspector decided it was best to seize the cargo. I remember that feeling – it was as if something personal had been taken from me. Formally, cargo confiscation is the owner’s problem. The cargo owner must provide a full set of documents, hire lawyers, etc. However, this problem occurred during my involvement, and that thought weighed on me. I realized the situation was spiraling out of control when the consignee asked me to recommend a good lawyer. After that, I decided to address this issue. I studied the local intellectual property law and composed a letter to customs, citing specific violations of the law during the cargo seizure. And a miracle happened: customs officially confirmed no claims against the cargo. The recipient is pleased. I am glad for yet another kept promise and delivered cargo. Do you recall the last given word?

Most interesting topic in my Business Law course (so far) deals with Te Tiriti and the weight it carries for the establishment of NZ as a country 😮 In British law, they could only annex land by 3 methods: 1) Discovery - Claiming nobody occupied it 2) Conquest - Taking land by force 3) Treaty - Making a deal In NZ, they employed all three tactics... Reading through the history behind it saddens me...all that injustice and suffering for the sake of profit...and we still haven't truly escaped this sort of thinking 😑 "We will consider the legal significance of the Treaty of Waitangi... : * The Treaty in a world perspective – the historical background; * The signing of the Treaty and Hobson’s declaration of sovereignty; *The words of the Treaty – what did the parties agree to? * How the Treaty was largely ignored by the Crown in New Zealand between 1840 and 1975; * New attitudes to the Treaty, 1975 to the present; and * The role of the Waitangi Tribunal including the process by which historical claims have been settled." #BusinessLaw

Tēnā tātou Here is our latest Māori Legal Update, put together by the awesome kaimahi o Te Paringa Tai. It’s a bit longer than normal because there is so much to cover, including our thoughts on the Treaty Principles Bill. As always I’m keen to get any thoughts on this. Mauri ora!