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
On 23 June 2020 the German Federal Court of Justice (Bundesgerichtshof, BGH) orally announced its decision in the interim proceedings initiated by Facebook against the prohibition and cessation orders of the German Federal...more
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
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
Despite the unprecedented efforts and measures undertaken by governments across the world to mitigate the economic impact of the COVID-19 pandemic, it is an unfortunate but inevitable outcome that a number of businesses are...more
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
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
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
Recent years have seen a surge in enforcement activity with national and supra-national antitrust regulators investigating and fining suppliers and manufacturers for the practice of imposing fixed or minimum resale prices and...more
Stakeholder submissions to the European Commission (Commission) on the EU competition rules governing distribution practices reveal widespread concern that the current framework is inadequate to meet the growing e-commerce...more
Our original political update was going to be more general in nature covering the turbulent state of British politics and the UK Prime Minister's "Do or Die" determination to leave the EU on 31 October with or without a deal....more
In an ever-growing online retail environment, brand owners are increasingly becoming concerned with tracking their brand’s online presence and ensuring consumers' experience of their brand continues to be positive....more
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
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
The EU’s highest court, the Court of Justice of the EU, has decided that suppliers operating a selective distribution system may be able to prevent their authorised resellers from selling on third party platforms. The Court’s...more
In a judgment rendered on 6 December 2017, the Court of Justice of the EU (“CJEU”) stressed that selective distribution systems for luxury goods which are designed to preserve the luxury image of those goods are generally...more
On 10 May 2017, the European Commission (the “Commission”) published its final report (“Final Report”) concluding its wide-ranging, two-year long inquiry into e-commerce (“Inquiry”). The Final Report offers key insights into...more
On 10 May 2017, the European Commission (the “Commission”) published its final report (“Final Report”) concluding its wide-ranging, two-year long inquiry into e-commerce including media rights distribution (“Inquiry”). The...more
On 18 November 2016 the Financial Conduct Authority (“FCA”) published its highly anticipated interim report into competition in the asset management industry. The report finds that price competition is weak in a number of...more
Recent statements by Theresa May and her staff uncover the first potential significant change to UK competition law as a result of Brexit. A Downing Street spokesperson has indicated that all “foreign takeovers” of UK...more
A property developer, High Peak Developments, is alleging that a restrictive covenant affecting the land surrounding a Tesco superstore is anti-competitive. High Peak has brought a damages claim under the new fast-track...more
The European competition authorities have become extremely proactive in investigating and punishing anti-competitive practices in the food sector in recent years. In the final week of June alone, substantial fines were...more
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) come into force on 13 June 2014 and form the final stage of the UK’s implementation of the European Union...more
On 29 April 2014, the European Commission ("Commission") issued two decisions clarifying its approach where holders of standard essential patents (“SEPs”) seek injunctions against their prospective licensees, in particular as...more
As part of its ongoing investigation into the UK audit services market, the Competition Commission ("CC") has provisionally decided on a package of remedies that will require FTSE 350 companies to put auditing contracts out...more