Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch
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
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
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
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
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
The Vertical Block Exemption Regulation (VBER) is at the heart of the antitrust assessment of many distribution agreements and other types of vertical arrangements. In force for more than 10 years already, the current VBER...more
Earlier this month, the Attorney General’s Office of the State of New York filed a lawsuit in New York Supreme Court against Hillandale Farms alleging that the company gouged egg prices during the COVID-19 pandemic....more
The COVID-19 crisis has led to increased scrutiny of pricing decisions by competition and consumer protection authorities around the world. Already, we have seen a rise in state, federal, and international enforcement efforts...more
Supply difficulties and price changes are focusing businesses and governments on laws and orders against hoarding and price gouging....more
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
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
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
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
FTAIA Precludes Claim Based Allegedly Anticompetitive Conduct in Canada Despite Argument That Conduct Weakened Competition in the US....more
The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more
What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel...more