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Disapplying Competition Law - The New Fix?

Following the recent surge in consumer panic buying of fuel, the UK government announced on 27 September 2021 that it had suspended UK competition law to allow companies to share information so that fuel could continue to be...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

The UK National Security and Investment Act: Who, What, Where, When, Why?

In November 2020 the UK Government announced a new, much broader regime for the regulation of foreign investment for the protection of national security in the United Kingdom (the UK) under the National Security and...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

Fashion Law Update - May 2021 Edition

In this edition of Fashion Law, we have a huge selection of articles from around the world. As many countries ease into a new way of living with/post COVID-19, the way we do business has changed. Some businesses managed...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

COVID-19: Beware Illegal Use of Price Monitoring Tools

It is increasingly common for brands to track the prices of their products online using electronic price monitoring tools. While the practice itself is unlikely to attract antitrust risk, as we have previously reported, in...more

COVID-19: Preserving Brand Equity and the Health of a Go-To-Market Strategy During the Pandemic and Beyond

As consumer goods producers emerge from “fighting the first fires” of the COVID-19 shockwave, they will need to take stock of the long-term risks facing their brand equity and go-to-market strategies over the coming months...more

COVID-19: The European Commission Sets Out State Aid Strategy – Opportunities and Challenges for EU Businesses

The COVID-19 outbreak is affecting businesses in the European Union (“EU”) in many different ways. Recognizing the scale of the impact, the Commission Executive Vice-President Margrethe Vestager, in charge of competition,...more

Court Confirms Additional Tools for Trade Mark Owners to Protect their Brand Where They Operate a Selective Distribution System in...

A recent decision by the Court of Milan found that a trade mark owner who had consented to products being sold in the European Economic Area (EEA), but only through authorised retailers, could make a claim for trade mark...more

Opportunity to Help Shape the Key Rules that Affect How You Sell Your Products in Europe

The European Commission ("Commission") has invited manufacturers and other interested market participants to provide their input on the laws that govern how products are sold in Europe, in particular the sorts of restrictions...more

Fashion Law Newsletter - December 2018

"People will stare. Make it worth their while." - Harry Winston Welcome to our latest edition of Fashion Law. In this edition we look at the steps the New South Wales and Australian Governments are taking to tackle...more

Opportunity for Product Manufacturers to Comment on EU Distribution Rules

On 8 November 2018, the European Commission published a “Roadmap” inviting manufacturers and other interested market participants to provide feedback on the Vertical Agreements Block Exemption Regulation (the “Block...more

Continued Antitrust Enforcement Against Non-Compliant Manufacturers in Europe: Significant Penalties Imposed for Fixing Resale...

On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of consumer electronic products for imposing fixed or minimum resale...more

EU Selective Distribution Update: Recent Developments Regarding Marketplace Bans and The Requirement for a Physical Point of Sale

This alert considers two interesting recent developments relevant to manufacturers distributing their products through a selective distribution system in European territories....more

European Commission Opens Investigation into Suspected Price Restrictions by Electronic Goods Producers

Following the recent warning by the European Commission (“Commission”) in its Preliminary Report on the e-Commerce Sector Inquiry, the Commission has announced that it has launched a full fledged investigation into four major...more

Proposed Legislation Could Extend Geoblocking Restrictions to Traders’ Unilateral Conduct

On 28 November, the Council of the EU (‘Council’) reached an agreement (‘Common Position’) on the draft Regulation intended to ban “unjustified” geo-blocking and other discriminatory practices that prevent end user customers...more

UK Competition Authority Warns Online Sellers about Unlawful Pricing

In the lead up to “Black Friday”, one of the busiest times of the year for online sales, the UK’s Competition and Markets Authority (CMA) has launched a campaign to remind online sellers of products that discussing and...more

European Commission’s Preliminary Report in the E-Commerce Sector Inquiry: Highlighting Risk Areas for Suppliers of Branded Goods

In September, the European Commission published its much-awaited Preliminary Report in the e-Commerce Sector Inquiry, launched last May 2015. Although the primary focus of the Commission’s Inquiry is on restrictions limiting...more

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