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Healthcare investigations and enforcement trends
No industry is more acquainted with the concept of “compliance” than the healthcare industry.
Current issues ‘running with’ contract rejections in oil, gas cases
Publication | June 13, 2016
The prolonged downturn of oil prices has begun to take its toll. Over 27 oil and gas bankruptcy cases have filed in 2016, and over 69 since 2015,1 as companies seek to access powerful protections under the U.S. Bankruptcy Code (the Code).
One such protection at the forefront of the trend is the ability to escape certain burdensome contracts. Rejecting these contracts under §365 of the Code can create substantial bargaining power for a going concern enterprise or increase the value of assets sold through a bankruptcy.
This article analyzes a hiccup in this strategy presented in three recent cases—one that promises to recur. The outcome in these cases will signal a trend that broadly affects similar agreements across the industry.
Download the full article: Current issues running with contract rejections in oil gas cases
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CK Telecoms and ‘gap cases’: Advocate General recommends setting aside judgement of the General Court, endorses the Commission’s approach
On 20 October 2022, Advocate General Kokott delivered her opinion in Commission v CK Telecoms UK Investments (C-376/20 P). This is the first case in which the Court of Justice of the EU (the Court) has the opportunity to address the concept of a significant impediment to affect competition (SIEC) based on non-coordinated effects, including the standard of proof required by the European Commission (the Commission) to be met and the scope of review by the Court.
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