Roman Madej

Roman Madej

Bryan Cave

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Retailers - can you be liable for cartel behaviour for using pricing software and algorithms?

A key issue regulators are grappling with is what antitrust liability can attach to retailers who use price matching software or other algorithms to match competitors’ online prices? In a speech made on 16 March 2017,...more

3/23/2017 - Algorithms Antitrust Provisions Cartels Corporate Counsel Digital Single Market EU Pricing Retailers

Snitches get……massive cash rewards

On Monday 20 March 2017, the UK Competition and Markets Authority (CMA) announced a campaign to encourage whistle-blowers to come forward and expose cartels. The campaign is going to target social media and key websites. ...more

3/21/2017 - Cartels Social Networks UK UK Competition and Markets Authority (CMA) Whistleblower Awards Whistleblowers

Distribution Problems for US Companies in Europe and How To Avoid Them

Many US (and EU) companies operate in Europe with pricing and distribution policies which may breach EU competition rules. EU regulators are taking an increasingly tough line on pricing and online market place access. Robert...more

3/20/2017 - Contract Drafting Contract Terms EU Geo-Blocking Global Marketplace Most-Favored Nations Product Pricing Sales & Distribution Agreements

EU Retail News - February 2017

When Can You and When Should You Use Your Own Name for Your Brand? It is a common misconception that we are all entitled to create brands under our own names. It is also a misapprehension that it is always a good idea —...more

2/28/2017 - Corporate Branding EU Geo-Blocking Illegal Imports Retailers Right of Publicity Trademarks UK Brexit

EU Commission Gets Serious About Geo-Blocking

On 2 February 2017, the EU Commission simultaneously launched three investigations into the e-commerce sector. What is significant about this latest development is that it shows that e-commerce is a clear priority area in...more

2/10/2017 - Anti-Competitive Cross-Border E-Commerce EU European Commission Geo-Blocking TFEU

January EU Retail News

Brands Expanding Internationally Should Embrace Competition-Conscious Luxury Goods Licences - The licensing of luxury goods in Europe, where a supplier sells goods to a certain approved distributor to sell on its...more

1/25/2017 - Advertising Advertising to Minors Distributors E-Commerce EU Food Marketing Internet Retailers Mobile Apps Retail Market Retailers Social Networks Spam Sponsored Ads UK

UK Supreme Court declares Government must pass Act of Parliament to trigger the process of leaving the European Union

The UK Supreme Court (the “Court”) in its most important and far reaching judgment to date decided that the UK Government has to seek the approval of the UK Parliament before issuing an Article 50 notice to begin the process...more

1/25/2017 - Article 50 Treaty of the EU EU Referendums UK UK Brexit UK Parliament UK Supreme Court

UK to leave EU Single Market!

On 17 January 2017, the UK Prime Minister, Theresa May, gave a historic speech regarding Brexit and the UK’s negotiating position. For the first time since the Brexit vote in June 2016, the UK Government has officially...more

1/18/2017 - EU EU Single Market Free Trade Agreements Theresa May Trump Administration UK UK Brexit

UK Competition Regulator Targets Big Pharma Over Excessive Pricing

Compare and contrast the current excessive pricing debates occurring in the US with those in the UK. In both markets, pharmaceutical firms are being berated for double, triple and even quadruple digit rises in the prices of...more

12/20/2016 - Competition Act Drug Pricing Pfizer Pharmaceutical Industry Prescription Drugs UK UK Competition and Markets Authority (CMA)

European Commission short-circuits battery cartel with €166 million fine

On 12 December the European Commission imposed a total fine of 166 million euros against 3 rechargeable battery producers for infringing competition law in the distribution of rechargeable lithium-ion batteries, the most...more

12/19/2016 - Batteries Breach of Competition Law Cartels Civil Monetary Penalty EU European Commission Lithium Batteries Price-Fixing

Price fixing not justified to protect pharmacies in rural areas

On 19 October 2016, the Court of Justice of the European Union (CJEU) issued an important judgment concerning the German law on fixing prices of retail prescription drugs. In the case before the Higher Regional Court of...more

10/26/2016 - CJEU EU Germany Prescription Drugs Price-Fixing TFEU

EU Competition Newsletter – October 2016

'Great Repeal Bill' more likely to be 'Great Preservation Bill' - After what seemed like an eternity, but in reality has only been a few months, the Prime Minister announced on 2 October 2016 that Article 50 of the...more

10/21/2016 - Article 50 Treaty of the EU Cartels Competition Authorities Emerging Technology Companies EU French Competition Authority Italy Merger Controls Price-Fixing TFEU The Great Repeal Bill UK UK Brexit

‘Great Repeal Bill’ More Likely to be ‘Great Preservation Bill’

After what seemed like an eternity, but in reality has only been a few months, the Prime Minister announced on 2 October 2016 that Article 50 of the Treaty of the European Union would be triggered in March 2017, starting a...more

10/13/2016 - Article 50 Treaty of the EU EU European Communities Act Member State Referendums The Great Repeal Bill UK UK Brexit

New CMA Measures to Boost Transparency & Competition in Retail Banking

On 9 August 2016, following their retail banking market investigation, the Competition and Markets Authority (CMA) concluded that large banks well established in the personal and small business retail market do not have to...more

8/30/2016 - Banks SMEs UK UK Competition and Markets Authority (CMA)

A right in Germany to sell through online marketplaces?

On 18 July 2016, Germany moved another step closer to enshrining a right for distributors in selective distribution systems to sell over online marketplaces. This is not sudden move by the German courts, in fact we have...more

7/19/2016 - Anti-Competitive Distributors E-Commerce EU European Court of Justice (ECJ) Germany Internet Retailers Retailers Suppliers TFEU Vertical Restraints

Regulatory scrutiny of online hotel booking continues

The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As part of a joint monitoring project with the European Commission,...more

7/18/2016 - Competition Competition Authorities EU European Commission Expedia Hotels Most-Favored Nations Online Platforms Online Travel Vendors Surveys UK UK Competition and Markets Authority (CMA) Unfair Pricing

CMA Orders Greater Transparency Over Car Rental Prices

Car rental sales in the United Kingdom amount to an estimated £1.2 billion industry. However attempting to rent a car normally means surfing through various price comparison websites in search of a easily understandable and...more

7/6/2016 - Auto Lease Enterprise Act 2002 Price Transparency UK UK Competition and Markets Authority (CMA) Websites

CMA publishes guidance to help detect bid-rigging

On 20th June 2016, the UK’s Competition and Markets Authority (“CMA”) released an open-letter offering advice to public authorities to help spot anti-competitive activity during a tender process. This is known as bid-rigging....more

6/29/2016 - Anti-Competitive Bid Rigging Cartels New Guidance Purchasers Tender Offers UK UK Competition and Markets Authority (CMA)

Collusion on the catwalk: have the UK’s top modelling agencies breached competition law?

On the 25th May 2016, the UK’s Competition and Markets Authority (“CMA”) issued a statement of objections to five of Britain’s most prestigious modelling agencies alleging an infringement of Chapter I of the Competition Act...more

6/22/2016 - EU Modeling Price-Fixing Retailers TFEU UK UK Competition and Markets Authority (CMA)

Cloud storage providers to abide by new UK checklist

As cloud storage has widely spread, there have been growing concerns from the UK authorities about whether consumer rights are effectively protected. New guidelines for consumers and a new checklist for industry bring fresh...more

6/16/2016 - Cloud Computing Cloud Storage Consumer Contracts Data Security Personal Data Terms and Conditions UK UK Competition and Markets Authority (CMA)

Brexit and Retail

Britons are due to go to the polls to vote in a referendum on 23rd June 2016 to decide whether the UK should remain a member of the EU, or exit (a so called “Brexit”). As many readers will be aware, there is no certain answer...more

6/14/2016 - Digital Single Market EU Exports Immigration Imports International Harmonization Referendums Retailers TUPE UK UK Brexit

New EU e-Commerce rules are set to facilitate online buying and selling in the single market

On 25 May 2016, and following an in-depth sector inquiry and consultation period, the European Commission (“EC”) published proposals for a set of new e-Commerce rules. The EC believes that this three-pronged strategy will...more

6/8/2016 - Cross-Border Digital Single Market E-Commerce EU European Commission Geo-Blocking

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