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When Equivalence Stops Short: The Side-by-Side Safe Harbour and Its Uneasy Fit with Revised ATAD CFC Rules
14+ hour, 11+ min ago (651+ words) 1. Introduction: the CFC carve-out in the Omnibus The structure operates as a layered mechanism. A general carve-out from the CFC rules, followed by a carve-out from that carve-out and a conditional re-entry. This construction raises a question. Why should a…...
The "Supra-FRAND" Clawback: Is Restitution the Next Frontier in SEP Litigation?
13+ hour, 46+ min ago (938+ words) SEP licensing is characterized by structural uncertainty at the time many license agreements are concluded, at which time fair, reasonable and non-discriminatory terms have not yet been judicially confirmed. This question matters practically. It affects licensing strategy, litigation timing, and…...
ARIHQ v Sant" Qu"bec: When Must an AI-Drafted Award Be Set Aside?
17+ hour, 44+ min ago (156+ words) Facts of ARIHQ v Sant" Qu"bec ARIHQ v Sant" Qu"bec involved two applicants: a non-profit legal entity named the Association des ressources interm"diaires d'h"bergement du Qu"bec (ARIHQ) and an adult accommodation service provider named Centre…...
Patent Protection in North Macedonia: Regional Challenges and Progress
1+ day, 14+ hour ago (397+ words) Wolters Kluwer Patent Protection in North Macedonia: Regional Challenges and Progress Innovation and patent activity across the Balkan region present a mixed but gradually evolving picture. While patent volumes remain modest compared with larger European innovation hubs, countries in the…...
When the EMFA Meets the EUMR: A Coordination Problem in Search of a Fix
1+ day, 17+ hour ago (50+ words) The Structural Gap in EU Merger Control What the EMFA Changes, and What It Does Not A First Real Test: The Indamedia/Ringier Case The Deeper Problem: Two Assessments, One Transaction Toward a More Coherent Framework...
Filing or Notice? Brazil's Superior Court of Justice Draws the Line on When an Arbitral Award Is "Presented' Within the Meaning of the Brazilian Arbitration Act
2+ day, 16+ hour ago (345+ words) On 8 April 2026, Brazil's Superior Court of Justice (Superior Tribunal de Justi'a, "STJ") decided REsp No. 2, 210, 332/SC, a case that required it to answer a deceptively simple question: when, precisely, is an arbitral award 'presented' for purposes of the time limit…...
Merger Control in Argentina: From (the Impossibility of) Unscrambling the Eggs to Ex-Ante Review (1999-2026)
3+ day, 12+ hour ago (679+ words) Merger control'the legal mechanism by which competition authorities assess whether corporate concentrations are likely to harm market competition'stands as one of the cornerstones of modern antitrust law. Its institutional design choices carry profound implications for market structure, investment certainty, and…...
Will Ireland's Prohibition on Third-Party Funding Impact Its Development as an International Arbitration Hub?
3+ day, 18+ hour ago (432+ words) Is TPF Relevant to the Type of Arbitration Ireland Is Seeking to Attract? With the announcement of the new ICDR branch, Ireland stated that it is seeking to further its connections with US multinational companies. Due to their size, they…...
Reconstructing the Author, Not Re-Privatising the Text: The EU concept of work after Institutul G. C'linescu
4+ day, 16+ hour ago (162+ words) From Infopaq to the Cantemir manuscript: originality at its lower edge? The EU definition is based on two fundamental components: originality (as free and creative choices of the author) and expression. The criterion of "free and creative choices" combined with…...
Horizontal non-brand bidding agreements in Sweden: how may pro and anti-competitive effects influence an object assessment?
4+ day, 17+ hour ago (152+ words) The PMC relied on the anticompetitive effects of the agreement to argue that it was not an object restriction The tension between trademark rights and competition law was not present in the case The PMC held that using horizontal non-brand…...