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Discover thought leadership and legal insights by our legal experts from across CMS. In our Expert Guides, written by CMS lawyers from across the jurisdictions where we operate, we provide you with in-depth legal research and insights that can be read both online and offline. You can also find Law-Now articles with focused legal analysis, commentary and insights to help you anticipate future challenges and much more.



Media type
Expertise
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.
25/01/2024
Emerging Europe M&A Report 2023/2024
Despite geopolitical tensions, fears of recession and strong inflationary pressures across the EU, as well as the fiscal tightening needed to contain them, M&A in the CEE region has remained reasonably buoyant. Findings from the CMS Emer­ging Europe M&A 2023/24 report, published in cooperation with EMIS, demonstrate the resilience of the Emerging Europe deals market as activity holds firm against a backdrop of geopolitical tensions and strong inflationary pressures. Welcome to the 2023/24 edition of the Emerging Europe report.
12/03/2023
Silicon Valley Bank’s current position and what to do about it
Please refer to our latest publication Update to Silicon Valley Bank's current position and what it means for the most up-to-date guidance. The team here at CMS has been saddened by the collapse of the...
30/01/2023
Emerging Europe M&A Report 2022/2023
The year 2022 started with various challenges, including rising inflation and energy prices. Then the Russian invasion of Ukraine added yet another one. Nonetheless, the M&A market in emerging European countries proved to be extremely resilient. The region saw M&A activity maintain a steady pace, though deal values were notably lower. Also, variations could be observed across territories and sectors. While 2022 brought a unique set of challenges, dealmaking largely compared favourably to pre-pandemic levels. Welcome to the 2022/23 edition of the Emerging Europe report.
02/01/2023
Funding for films and audio-visual works in Central and Eastern Europe
The Central and Eastern European region has truly become a hub for film production in recent years and we expect this trend to continue. Low production costs, state of the art infrastructure and a skilled...
08/11/2022
Technology Transformation – Media
The media sector is known to be highly competitive, with that competition driving innovation. Older media businesses have had to grapple with disruptive new entrants. And those new entrants are constantly working to deliver better and more engaging content and user experiences to maintain their advantage. Digitisation has changed how media companies interact with their audience in ways we could not have imagined just a few years ago, but this comes with risk. This report is a deep dive into the data first produced for the report Technology Transformation: Managing Risks in a Changing Landscape. This saw over 500 corporate counsel and risk managers surveyed from multiple industries across the world. Here we look in detail at the 75 respondents from the media sector, and their perspectives on the risks associated with busi­ness-crit­ic­al technologies, including emerging technologies. What did we find? Media is a dynamic sector and can be an early adopter of many novel technologies as companies push for competitive advantages to create and satisfy customer demand. As we look to the future, the sector does seem underprepared in some areas, which is a potential cause for concern. Download the Technology Transformation media sector report now to read aboutThe principal drivers in the adoption of busi­ness-crit­ic­al technology in the media sectorConfidence in managing tech-related risks among senior media executivesFuture threats from new technologies like AI and blockchainWhich plans and processes media companies are putting in place to protect tech in­fra­struc­ture­Cul­tur­al barriers to managing tech risks in the media sectorPreferred approaches to dispute resolution in the media sector
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
27/01/2022
Emerging Europe M&A Report 2021/2022
Following global trends, the M&A market in emerging Europe surged in 2021— more money was spent on acquisitions and investments than in any of the previous seven years. After a relatively poor showing in 2020, transaction volume also bounced back to pre-pandemic levels. Not only did direct acquisitions and investments fare well, but stock market listings also reached unprecedented levels. Has the M&A market in emerging Europe scaled new heights?Welcome to the 2021/22 edition of the Emerging Europe report.
03/12/2021
Digital Horizons
We are pleased to share with you Digital Horizons, a series of brief reports exploring CEE’s digital future. The latest addition to our series – February 2024 Our latest addition to the Digital Horizons...
24/11/2021
On the Pulse
Welcome to CMS ‘On the Pulse’ video/podcast series for all Life Sciences & Healthcare professionals – legal, compliance, regulatory
03/11/2021
Hey, Copyright Directive
A video series to explain copyright rules revamped
02/11/2021
Gambling shorts video series
Latest developments in gambling regulation globally