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25/09/2024
CMS Network Sharing 5: Celebrating 10 years of the Network Sharing Study
For the last 10 years we have been following the evolution of network sharing in the telecom industry. This fifth edition continues our study of how companies in the sector use network sharing to save costs and rationalise services. For this edition, the CMS Network Sharing Study not only gathers all factual information about 76 network sharing deals that have been closed from May 2021 in 46 different jurisdictions worldwide, and the differences among them: it also includes interviews with some of the main actors, such as American Tower, Macquarie Capital and Totem Towers, as well as papers from experts regarding topics such as tele­com­mu­nic­a­tions network financing, foreign direct investment, competition Law, 5G, towers and fibre. As a testament to the creativity of the industry, network sharing has slowly shifted.  Sharing through agreements have given place -in some cases- to sharing through incorporated companies.  B-lateral deals do still exist but neutral host networks, serving all operators in the market, are now the main protagonists through which networks are effectively shared by multiple operators. The digital revolution during the last 20 years has required and is still requiring vast investment in access networks including optical fibre, towers and other assets (now satellites): this comes at a cost.  In some cases the traditional telcos couldn’t monetise their investments (perhaps due, in Europe, to excessive regulation). As a result, indebted companies were in need to sell and/or share their infrastructures, sometimes to investment funds that had no ambition to compete in the provision of services and created independent NetCos  offering wholesale services - the US towers market being one example, with 90% of towers controlled by independent TowerCos while in Europe we have seen FibreCos coming to shake up the FTTH build. The time when each operator owned (and financed) the network it used has long passed. Competition in services remains, but now competition in infrastructures (in parallel with competition between different infrastructures) may be the next future. Globalisation has also arrived in network sharing, with growing protagonism in Latin America (the topic of special focus in the Study) and Africa as well as South-East Asia.  South America has seen a large amount of activity and the 5th edition of the study is doing a spotlight on the deals seen in the region. Interestingly, the existence of network slicing in 5G could give the lead again to telecom operators, as it will allow them to create virtual networks, to be offered either to smaller operators or to companies wanting to have their own independent, private and dedicated slice of a network, in a cloud-style net­work-as-a-ser­vice new pattern. The rise of satellite services in the coming years will also create the need for an enhanced spectrum sharing. Satellite will also be a growing infrastructure competing with towers and other access networks. So whilst we reflect on changes and trends since the last few years, our eyes are also turned towards the future and how the industry will adapt and find news ways to share.
13/08/2024
Electronic Transactions in the Mozambican Legal System
Electronic Transactions in the Mozambican Legal System
26/07/2024
On your radar | Issue 25
Key employment issues to be aware of internationally  
23/07/2024
CMS International Disputes Digest – 2024 Summer Edition
Welcome to the Summer 2024 edition of the International Disputes Digest, our bi-annual publication exploring the latest trends and solutions to the challenges facing global business. Those challenges include the continuing war against Ukraine and in the Middle East, in addition to others such as climate change and Artificial Intelligence. In this edition, our experts in Brazil explain the impact of AI on resolving disputes and why robots will not replace arbitrators anytime soon. Separately, our colleagues in the Netherlands describe how Dutch litigation is leading the way in making both governments and companies accountable for policies resulting in climate damage, and how this litigious trend is defending biodiversity. The case of the Sultan of Sulu and how the passage of time in arbitration agreements might affect the integrity of an arbitration clause is the topic of analysis by our experts in Paris. We also consider the envisaged changes to the 7th edition of the SIAC Rules, a hot off the press analysis of the recently published 2024 IBA Guidelines on Conflict of Interest in International Arbitration, and our 2024 UK Banking Disputes Report, amongst other topics. We hope that you will enjoy reading these articles and please do contact the authors if you have queries in relation to them.
26/04/2024
Land Rights in Mozambique
Land Rights in Mozambique
15/04/2024
New Labour Law: The Use of Labour Mediation
New Labour Law: The Use of Labour Mediation 
03/04/2024
The Beneficial Owner under the Regulation of the Register of Legal Entities,...
The Beneficial Owner under the Regulation of the Register of Legal Entities, approved by Decree-Law no. 1/2024, of March 8th
26/10/2023
Global Life Sciences & Healthcare Forum 2023 – recordings & presentations
We were delighted to bring you this year’s Forum, “Blurring Boundaries - Exploring the convergence of life sciences and law”, from Amsterdam. The theme “Blurring Boundaries - Exploring the convergence of life sciences and law” aimed to:Uncover the latest breakthroughs: Dive into the forefront of life sciences advances, including biotechnology, genetics, pharmaceuticals, and medical devicesAddress the regulatory gap: Engage in interactive workshops to bridge the divide between rapid innovation and the development of legal frame­work­sNav­ig­ate global challenges: Explore the impact of globalisation, ethical considerations, privacy concerns, and societal implications on the life sciences sectorFoster collaboration: Connect with legal and scientific minds, exchange ideas, and build valuable re­la­tion­shipsP­resent­a­tions were delivered by fantastic industry speakers, including Annemiek Verkamman (Managing Director, Hollandbio), Charida Dorder (Member of the Dutch AI Coalition), Wouter Boon (Associate Professor, Utrecht University) and Marc Kaptein (Medical Director, Pfizer), as they shared their expertise, thoughts and insights on how the sector is “Blurring Boundaries”. We were also joined by Simon Neill (Senior Legal Director) at Johnson & John­son and Joep Rijnierse (Senior Medical Director) at Amgen in our workshops. This webpage has been designed to keep you updated on the Forum, our speakers, as well as provide you with the useful resources complementing the theme “Blurring Boundaries - Exploring the convergence of life sciences and law”. You will also find on this page details on how to stay connected with CMS through our upcoming webinar series, On the Pulse Webinar Series 2023 - Autumn (cms. law); free eAlert service, Law-Now; and social media channels.
18/09/2023
Approval of the new Labor Law
The dynamics of social relations have evolved at a rapid rate in recent times. Along with environmental changes, epidemics and the evolution of technology, the responses to these challenges have led to new ways of looking at these realities and, as a result, it has led to new models and formats for labour relations. After several years of hesitation, progress and setbacks, as well as the social dynamics that filled the world, a new law was recently approved, Law 13/2023 of the 25th of August, the Labour Law. The following have been made subject to the written form: employment contracts on commission, work at home contracts, manual labour construction contract, temporary work, labour brokering employment contract, intermittent work contracts and teleworking. The probationary period regime has undergone changes, as has the establishment of legal consequences for the use of legally prohibited means of obtaining evidence. Moreover, paternity leave of seven days has been established in the event of the birth of a child and 60 days in the event of the death or incapacity of the parent. The system for hiring foreign workers for non-profit organisations was strengthened, as well as the system for multiple employers and multi-em­ploy­ment. The legal regime for intermittent work contracts and teleworking was introduced, and working hours were established on an alternating basis. The system for suspending employment contracts due to force majeure and unforeseeable circumstances has been established.A wide range of rights and duties of those involved in labour relations have been established, strengthened and clarified, such as the compensation system in cases of termination of the employment contract on the employer's initiative with prior notice, the establishment of a justifiable reason for absence in the event of the death of parents-in-law, sons-in-law and daugh­ters-in-law, as well as the suspension of the limitation period during maternity and paternity leave or illness that makes it impossible for the employee to attend work. This law comes into force on the 21st of February 2024, 180 days after the date of its publication.
06/07/2023
The Innovations of the Private Investment Law
The Government of Mozambique has assumed as a national priority, to make the country more attractive to investment in order to improve the business and investment environment in the country. In this respect...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, staying ahead of the curve and knowing what’s next for your business or sector is essential. At CMS, we see ourselves not only as your legal advisers but also as your business partners. We work together with you to not only resolve current issues but to anticipate future challenges and innovate to meet them. With our latest publication, CMS Next, our experts will regularly offer you insights into and fresh perspectives on a range of issues that businesses have to deal with – from ESG agendas to restructuring after the pandemic or facing the digital transformation. We will also share with you more about the work that we are doing for our clients, helping them innovate, grow and mitigate risk. To be able to provide you with the best support, we immerse ourselves in your world to understand your legal needs and challenges. However, it is equally important that you know who we are and how we can work with you. So, we invite you to meet our experts and catch a glimpse of what is happening inside CMS. Enjoy reading this publication, which we will update regularly with new content. CMS Executive Team