Sectorial Analysis

Updated: May 20, 2010 (Initial publication: May 6, 2010)

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On April 27, 2010, the European Parliament’s Committee for Health voted to introduce an amendment to the European Commission’s ‘Pharmacovigilance and Prescription Medicine Package’, which would introduce a strict regime for online prescription medicine sellers.

Updated: May 7, 2010 (Initial publication: April 7, 2010)

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After the publication of the 21 January 2010 Ordinance implementing the Autorité de contrôle prudentiel (ACP - Prudential Control Authority), two decrees published on 3 March 2010 complete this legislation and define the institutional and budgetary workings of the new Authority.

Updated: May 6, 2010 (Initial publication: April 12, 2010)

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Two Ministerial Orders of 5 March 2010 and a Ministerial Order of 8 March 2010 nominate the members of the Autorité de Contrôle Prudentiel (Prudential Control Authority), created by the Ordinance of 21 January 2010. Besides the Presidency, which will be exercised by Christian Noyer, governor of the Banque de France, the composition reveals the prevalence of banking regulators, which is a pragmatic consequence of the fact that insurers propose products equivalent in risk to those proposed by banks.

Updated: May 6, 2010 (Initial publication: April 7, 2010)

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Following the creation of the Authority of Accounting Standards (ANC – autorité des normes comptables) by the Ordinance of 22 January 2009, the Decree of 15 January 2010 defines its operational structure.

Updated: May 6, 2010 (Initial publication: April 7, 2010)

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The Ministerial Order of 19 January 2010 introduces a new approach to risk management within banks and investment firms : a transversal approach to risk, that is expressed through the creation of ‘risk departments’ (filière risques) within banks.

Updated: May 6, 2010 (Initial publication: Feb. 25, 2010)

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The Basel Committee on Banking Supervision approved a package of new proposals to strengthen global capital and liquidity regulations for consultation, as part of its comprehensive response to the international financial crisis.

Updated: May 5, 2010 (Initial publication: May 5, 2010)

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The European Court of Justice upheld German regulations on Bovine Spongiform Encephalitis (BSE, or ‘mad cow disease’) testing, which were more stringent than those required by the European Union, on the grounds that Member States are alone legitimate to determine the level of public health protection they guarantee their citizens.

Updated: April 29, 2010 (Initial publication: Feb. 11, 2010)

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The implementation of a common repertory of information on Social Security tax payments provides the opportunity to gather real-time information on a vast majority of taxpayers, but is highly criticized for its possible violation of privacy rights.

Updated: April 29, 2010 (Initial publication: Feb. 25, 2010)

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The Conseil National du Barreau (CNB – The French Bar Association) and the Commission nationale de l’informatique et des libertés (CNIL—The French - Commission for Data Privacy) form a partnership to educate lawyers on the « loi informatique et libertés » (Data Privacy Act).

Updated: April 29, 2010 (Initial publication: Feb. 11, 2010)

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A decision of the Social Chamber of the French Cour de Cassation (Court of Cassation) handed down on December 8th, 2009, (n° 08-17.191) reduced the scope of the unique authorisation granted to companies concerning their internal whistle blowing proceedures.

Updated: April 29, 2010 (Initial publication: Dec. 24, 2009)

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Two judgments of the General Court of the ECJ challenge the greenhouse gas emissions allowances trading system within the European market.

Updated: April 12, 2010 (Initial publication: April 2, 2010)

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The Conseil économique, social et environmental (CESE - French Economic, Social, and Environmental Council) criticises the mechanism of the “Carbon Tax” as conceived by the Parliament, and which has currently been abandoned.

Updated: April 12, 2010 (Initial publication: April 6, 2010)

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The U.S. District Court in Newark, New Jersey, dismissed a class action suit brought against drug manufacturer, Schering Plough, alleging that payments it made to two generic drug manufacturers in order to delay the introduction of generic forms of one of its products, violated antitrust law.