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European Union Targets SHEIN Over Consumer Law Breaches: What Online Sellers Must Learn Fast

In late May 2025, the Consumer Protection Cooperation (CPC) Network and the European Commission (EC) concluded a joint investigation into online marketplace and e-retailer SHEIN. The result? A strong warning shot: Several of...more

Green, But Lean: EU Eases Sustainability Rules Without Ditching Climate Goals

On 26 February 2025, the European Commission published the Omnibus Simplification Package, a set of proposals designed to streamline key EU sustainability regulations, eliminate redundancies, and reduce administrative burden...more

Flick the Switch Board: Get Plugged into the Latest UK Guidance on EEE and WEEE

Waste treatment, recycling and take back obligations in relation to electrical and electronic equipment (EEE) and waste of such electrical and electronic equipment (WEEE) have long been a focus area for EU regulators, and now...more

Lawn and Order: Major Steps Against Greenwashing in Europe

A new and powerful wave of “greenwashing” bans will sweep the European Union (EU) shortly. The EU’s Green Claims Directive and Greenwashing Directive (together, the Green Directives) are key legislative tools being introduced...more

Hairdryer Treatment From UK Competition Regulators: More Red Cards in the Beautiful Game

Two decisions this year in the United Kingdom concerning Leicester City Football Club (Leicester City) and Newcastle United Football Club (Newcastle United) show that competition law may be becoming a more prevalent part of...more

Black Friday, Cyber Monday, Flash Sale…? Make Sure You Know the Rules

With the ubiquitous “Black Friday”—and now “Black Week”—having taken hold in the European Union and the United Kingdom, consumers will currently be inundated with offers and shopping around for the best deal. Retailers should...more

Between a Bock and a Hard Place: Does Europe's Resale "Pint" Maintenance Decision Mean More Resale Pricing Control for Suppliers?

In late June 2023, Europe’s highest court confirmed in a hotly anticipated judgment involving leading Portuguese beer and beverage producer Super Bock Bebidas that resale price maintenance (RPM)—namely the vertical fixing of...more

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more

The European Commission's New Foreign Subsidies Regime - How to Best Prepare and What to Expect

Businesses intending to undertake substantial mergers and acquisitions (M&A) transactions or participate in major public procurement projects in the European Union (EU) will soon need to prepare for an additional layer of...more

K&L Gates' Verticals Predictions for 2023: Top Trends, Opportunities, and Pitfalls

The start of 2023 marked six months since the new vertical distribution laws came into effect across the European Union (EU) and United Kingdom (UK) – see our earlier summary of the important changes here)....more

Ensure Your Discount Communications are Compliant Before You Hop on the Sales Season Omnibus!

As “Holiday Season” is increasingly synonymous with “Sales Season”, and with many sales already in full swing (Black Friday in particular), brands and traders should make sure that their discounting campaigns are compliant...more

Illumina/Grail—The Dawn of a New Era for Global Merger Control?

The European Commission’s (EC) decision to block Illumina’s acquisition of Grail marks the dawn of a new era for acquisitions of startups with innovation potential. This case involved many “firsts”: It is the first time that...more

European Commission Streamlines Merger Control Review Process

OVERVIEW - On 6 May 2022, the European Commission (Commission) published the draft revised Implementing Regulation (Draft Implementing Regulation) and the Notice on Simplified Procedure (Draft Notice) for the EU Merger...more

"Extra, Extra, Read All About It"—Final European and UK Brand Distribution Rules Published

On 10 May 2022, the European Commission (the Commission) finally published the official final version of the European Vertical Block Exemption Regulation (VBER) and guidelines (Vertical Guidelines). The new rules will come...more

Surge of Antitrust Enforcement Against Manufacturers of Branded Consumer Goods

European antitrust regulators have shown a continued focus on scrutinizing manufacturers’ engagement with their distributors. The anticompetitive practices that have attracted the highest financial penalties primarily relate...more

The Sumal Case or the Liability of Subsidiaries

On 6 October 2021, the Court of Justice of the European Union (CJEU or the Court) issued a judgment in case C-882/19 following a request for a preliminary ruling by the Court of Appeal of Barcelona (the Referring Court). ...more

Narrow Best-Price Clauses Between Platforms and Hotels: German Federal Court of Justice Overturns Court Decision That Ruled These...

The German Federal Court of Justice (Bundesgerichtshof (BGH)) has recently published on 6 August 2021 the reasoning for its judgment of 18 May 2021 on best-price clauses, which overturned the previous decision of the...more

European Distribution Rules Latest: Dual Pricing, Shared Exclusivity in; MAP Policies Still Out

The European Commission has now published its proposed draft of the new EU rules, which will govern distribution agreements until 2032. These are set to replace the current EU Vertical Block Exemption Regulation (VBER) and...more

European Union Moves Towards Mandatory Supply Chain Due Diligence: Start Gearing Up For New Directive

Introduction - There has been a proliferation of new laws concerning ethical sourcing and due diligence in supply chains in various territories in recent years. This trend is being taken to the next level in the European...more

European Super League Skating by Competition Law

The announcement from twelve of Europe’s top football clubs of their plan to form a breakaway league (the so-called European 'Super League') sparked an impassioned response from many quarters. One of the threatened sanctions...more

Does the French Lego Case Threaten the Building Blocks of Your Pricing Policy for Online Sellers?

On 27 January 2021, the French competition authority (Autorité de la concurrence or ADC) adopted a decision accepting commitments from the building block producer Lego France (Lego) to amend its discount policy. The ADC...more

The Enforcement of Abuse of Economic Dependence in the EU

INTRODUCTION - Behaviors such as excessive pricing and refusal to supply are often well understood to create potential issues if the company is dominant. However, under the national laws of some EU member states, such conduct...more

Vertically Challenged - Insight into the EU Commission's Efforts to Update the EU Rules on Vertical Agreements

The European Commission (Commission) has launched the impact assessment phase concerning its ongoing revision of the Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines, which set out the rules...more

E-Concessions and Competition Law

The events of 2020 have caused many brands to re-evaluate whether they are fully utilizing the internet as a tool to reach out to consumers with many enhancing and upgrading their own brand websites. Some brands are now also...more

Enforcement of Customer-Competitor Infringements and Price Monitoring Tools Intensifies

Two recent developments in the European competition enforcement sphere provide a warning for brands when engaging with their retailers with whom they compete and when using price monitoring tools to monitor the third party...more

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