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Articles by Simon Collier
Allocating Risk in Volatile Energy Markets- Material Adverse Change (MAC) in Upstream Oil & Gas M&A
In upstream oil and gas M&A transactions, the circumstances surrounding a deal can change dramatically between signing and deal completion. Upstream oil and gas assets are exposed to highly volatile commodity price benchmarks, rapid shifts in international regulatory frameworks, and geological or subsurface uncertainties.
Allocating Risk in Volatile Energy Markets- Material Adverse Change (MAC) in Upstream Oil & Gas M&A
In upstream oil and gas M&A transactions, the circumstances surrounding a deal can change dramatically between signing and deal completion. Upstream oil and gas assets are exposed to highly volatile commodity price benchmarks, rapid shifts in international regulatory frameworks, and geological or subsurface uncertainties.
Joint Operating Agreements Under the Association of International
Introduction Few contracts are more important to the success of an upstream oil and gas project than the Joint Operating Agreement (JOA). While the concession, production sharing contract, licence, or lease establishes the relationship with the host state, the JOA governs the relationship among the companies that must work together to find, develop, and produce the hydrocarbons. It is, in effect, the internal constitution of the venture.
HTA In Japan: The Glass Remains Half Full (For Now)
By Simon Collier, BSc, MA Since its permanent implementation in 2019, Japan's HTA system has charted a unique course. The Central Social Insurance Medical Council (Chuikyo) selects a small number of drugs for evaluation based on high projected sales or unit costs, exempting treatments for rare diseases. By mid-2024, only 50 products had undergone this year-long process.
Rising Sun: The Drug Pricing Environment In Japan Is On The Up
By Simon Collier, BSc, MA In April 2024, Japan introduced significant changes to its pharmaceutical pricing system, reversing a trend of cost-cutting policies that had hindered innovation. Historically, Japan's dual challenges of "drug lag" and "drug loss" resulted from frequent price cuts, discouraging companies from launching new products. The Price Maintenance Premium (PMP), established in 2010, initially mitigated these issues but eroded over time as cost containment measures took precedence.
The role of gas in powering Africa’s future
By Simon Collier, DLA Piper, Senior Associate It is well-known that Sub-Saharan Africa suffers from a lack of access to electricity. At the same time, there are 22 African countries with proven gas reserves. This suggests that gas should play an increasing role in meeting Sub-Saharan Africa’s demand for power: but is it that straightforward? Sub-Saharan Africa is, of course, a very large and diverse region made up of countries that have different natural resources, policies and challenges.
The Role Of Gas On Powering Africa’s Future
It is well-known that Sub-Saharan Africa suffers from a lack of access to electricity. At the same time, there are 22 African countries with proven gas reserves. This suggests that gas should play an increasing role in meeting Sub-Saharan Africa’s demand for power: but is it that straightforward? Sub-Saharan Africa is, of course, a very large and diverse region made up of countries that have different natural resources, policies and challenges.
Penalty clauses: how to stay sweet following candy | Lexology
This update looks at the recent case of Holyoake v Candy1 (“Holyoake”), which provided useful guidance on how the English courts interpret the Penalty Rule and how careful drafting can sometimes take a clause outside of its scope. Parties will often agree in advance a specified sum that will be payable in the event of certain breaches of contract.
Endeavours and expectations in the energy sector | Lexology
So called “endeavours clauses” often arise in energy and natural resources contracts during the negotiation phase where it would be uncommercial for a party to commit absolutely to achieving a particular objective. For example, a farm out agreement in the upstream oil and gas industry will usually require government approvals to be obtained by one party as a condition precedent to the transfer of the participating interest in the production sharing agreement by the other party.
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