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  • Under a Ministry of Justice proposal yet to be formally released, Finland would legislate to clarify the regulatory regime for netting in the securities and currency markets. The present uncertainty surrounding the legality of netting under Finnish insolvency laws would be largely dispelled by making netting (including close-out netting and multi-party netting) and certain related procedures expressly enforceable if based on terms, such as those of the ISDA master agreement, widely used in securities and currency trading.
  • The May 1996 edition of International Financial Law Review (see page 50) reported that the New Zealand government planned to abolish the right of appeal to the Judicial Committee of the Privy Council. The government has recently announced that it has scrapped this plan.
  • The Singapore Stock Exchange introduced a new Chapter 9A to its Listing Manual. The new provisions apply to transactions between:
  • In November 1996, the Consumer Council published a Competition Policy Report urging the government to enact competition laws on collusive agreements, abuse of dominant position, abuse of collective dominance and control of markets through mergers and acquisitions. The report was the first of its kind in Hong Kong, which at present does not have any laws governing monopolies, cartel-like supply structures and other anti-competitive practices.
  • The Commission announced on January 22 1997 that it had cleared the acquisition by Coca-Cola Enterprises Ltd (CCE) of the whole of the share capital of Amalgamated Beverages Great Britain Ltd (ABGB), and its wholy-owned subsidiary Coca-Cola and Schweppes Beverages (CCSB), from Cadbury-Schweppes (CS) and CCE's parent company The Coca-Cola Company (TCCC). CCSB was established in the UK in 1987 to bottle and sell a range of soft drinks, including Coca-Cola, Schweppes, Fanta, Sprite and Canada Dry. The purchaser, CCE, is the world's largest bottler of Coca-Cola products.
  • On July 1 1993, Sweden enacted new competition legislation. The Swedish Competition Act broadly conforms to the rules applying in the EU under the Treaty of Rome. As for notification of acquisitions, the Competition Act provides that the acquisition of a company or business (the object) in Sweden must be notified to the Swedish competition authority, Konkurrensverket, if the aggregate turnover of the purchaser and the object exceeds Skr4 billion (US$542 million) during the preceding business year. If the purchaser belongs to a group, the aggregate turnover of the entire group will be decisive when establishing the purchaser's turnover.
  • As investors are no doubt aware, 1997 is shaping up to be year of major privatizations among state-owned Spanish companies. This process has already begun with the recent public offering of the remaining state-held shares of Telefónica of España.
  • Poland began 1997 by implementing a unique mass privatization programme (MPP) through special purpose investment funds. The legal basis of this programme is the Law on National Investment Funds and their Privatization (the Law), dated April 30 1993 (Dz U No 44, 202, 1993 as modified).
  • By Decree 253 of February 1997, the Colombian government, using its powers under the economic emergency decree, has announced that it will sell its controlling interest in the coal mine known as El Cerrejón North, located in the Guajira region of northern Colombia. El Cerrejón is one of the world's larger coal mines, with an annual output of 16.5 million metric tons of bituminous thermal coal, and total reserves of some 4,600 million metric tons. The government owns a 50% interest in El Cerrejón North (through Carbocol, a state-owned corporation), with the other 50% owned by Intercor, a wholly-owned Colombian subsidiary of Exxon Corporation.
  • Siebe, the UK's largest diversified engineering company, issued US$250 million of global notes under US law. The notes were offered under Rule 144A and Regulation S.