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Competition Sales & Distribution Agreements

Goodwin

When Can a Supplier Lawfully Restrict Active Sales in an Exclusive Distribution Agreement?

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In its recent judgment in Beevers Kaas (Case C‑581/23), the European Court of Justice (ECJ) clarified how suppliers may validly restrict active sales in exclusive distribution arrangements under Article 4(b)(i) of the...more

BCLP

Paris Litigation Gazette - Issue 5 - February 2024

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On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of...more

Stikeman Elliott LLP

B.C. Court Dismisses Proposed Conspiracy Class Action Involving Digital Audiobooks

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In Williams v. Audible, the Supreme Court of British Columbia (the “Court”) considered three applications in the context of a proposed conspiracy class action focused on exclusivity provisions in an agreement between Audible...more

Latham & Watkins LLP

Vertical Block Exemption Regulation and Guidelines

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On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more

Jones Day

European Commission Issues Draft Antitrust Rules on Vertical Supply Chain Agreements

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The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch

We’re checking in with our Europe-based expert on the latest European updates and upcoming changes for the third quarter of 2021 including updates on Brexit, European Union (EU) data protection policies, block exemption...more

Skadden, Arps, Slate, Meagher & Flom LLP

Distribution Duel: UK and EU Competition Reforms Threaten To Create Conflicting Rules on Parity Clauses and Dual Distribution

The European Union and United Kingdom have each proposed modifications of their antitrust rules on distribution. The proposals diverge significantly on common distribution practices, creating legal challenges for distribution...more

Herbert Smith Freehills Kramer

Retail Price Maintenance: Dammann Frères Fined for Imposing Online Sale Price of Tea to Its Retailers

In Decision No. 20-D-20 issued on Dec. 3, 2020, the French Competition Authority fined the tea producer Dammann Frères €226,000 for forbidding its retailers to freely determine their own online resale prices for Dammann...more

Orrick - Antitrust Watch

The European Antitrust Enforcers’ response to the Covid-19 outbreak: Antitrust rules will bend, but will not break

In a welcomed attempt to align their approaches, the antitrust enforcers of the European Competition Network (ECN) have published a brief joint statement on the application of competition law during the Covid-19 crisis....more

Hogan Lovells

In the world of COVID-19, companies must not quarantine competition law compliance

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Competition law will not be at the top of companies' agendas today. COVID-19 presents companies with many challenges. Companies will be looking for whatever solutions they can find to deal with this crisis. ...more

Herbert Smith Freehills Kramer

Aumento dei prezzi e forza maggiore: quanto è importante scrivere correttamente le clausole dei vostri contratti

Con parere n. 19-9 del 25 ottobre 2019, la Commission d’examen des pratiques commerciales (la "CEPC") ovvero la Commissione francese per la valutazione delle pratiche commerciali, che ha il compito di vigilare sull’equilibrio...more

Troutman Pepper Locke

Third Circuit Provides Manufacturers With Roadmap to Avoid Class Antitrust Claims Brought by Direct Purchasers

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The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more

McGuireWoods LLP

European Competition Law Newsletter – January 2019

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Clothing Manufacturer Fined for Restrictions in Distribution Agreements - On 17 December 2018, the European Commission announced a €40 million fine on clothing company Guess for imposing illegal restrictions in its...more

Orrick, Herrington & Sutcliffe LLP

Platform Bans: German Competition Authority Critical Despite Coty Judgment

Since last year’s “Coty” judgment of the European Court of Justice (ECJ), it may have seemed settled that authorized dealers in a selective distribution network can be prohibited from selling products via third-party...more

Hogan Lovells

Selective Distribution & Online Sales: Higher Regional Court of Frankfurt confirms CJEU findings and provides further guidance

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After the Court of Justice of the European Union (CJEU) had issued its landmark judgment in the Coty case on reference for preliminary ruling, the Higher Regional Court of Frankfurt (HRC Frankfurt) has issued its now...more

BCLP

The Challenge of the Internet for EU and US Retail Distribution Strategies

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The increasing importance of the internet has caused EU and US antitrust regulators to look closely at a range of trading policies including restrictions on internet sales, geo-blocking, use of on line platforms, MFN clauses...more

Skadden, Arps, Slate, Meagher & Flom LLP

Novel Theories Emerge in Merger Enforcement

Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have...more

BCLP

EU & Competition Law Update - January 2018

BCLP on

When is pricing discriminatory? We reported in January 2017 on how a Portuguese Court had asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent...more

Hogan Lovells

Selective distribution and online sales: complying with EU competition law after the Coty judgment

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The Court of Justice of the European Union recently issued a landmark judgment that will affect distribution and online sales in particular in the consumer goods and digital sectors....more

McGuireWoods LLP

European Competition Law Newsletter – November 2016

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Watch the Treatment of Switzerland in Distribution Agreements - On 29 September 2016, the Swiss Federal Administrative Court (FAC) handed down a judgment impacting any distribution agreement which could touch...more

McGuireWoods LLP

European Competition Law Newsletter – October 2016

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Stand-Alone Refusal to Supply Claim Launched in UK Court - Competition law litigation continues to develop rapidly in the UK. Companies should be aware that this can be a useful commercial weapon against competitors...more

Sheppard Mullin Richter & Hampton LLP

European Court of Justice to Rule on Legality of Online Sales Bans

An appeal court in Frankfurt has asked the European Court of Justice to clarify the application of the competition rules to online sales. The Frankfurt court made its request in the context of a dispute between a leader in...more

McDermott Will & Emery

E-Commerce: National Competitions Authorities Weigh In on Sales Restrictions Regarding Online Marketplaces

In May 2015, the European Commission launched a two-year, industry-wide inquiry into the e-commerce sector to gather data on the functioning of e-commerce markets, so as to identify possible competition concerns. This sector...more

Farella Braun + Martel LLP

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

Patterson Belknap Webb & Tyler LLP

Keurig Fights to Dismiss All Antitrust Claims Brought Against It

On July 9, 2015, the Southern District of New York heard oral argument on Keurig Green Mountain’s motions to dismiss the three complaints filed by the following plaintiffs: Keurig’s competitors (Treehouse Foods, Inc., Bay...more

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