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The New Conflict Mineral Regulation Will Apply from January 2021

The new EU rules on conflict minerals impose strict due diligence requirements on EU importers of gold, tin, tungsten and tantalum. On 19 May 2017 Regulation 2017/821, which sets out supply chain due diligence obligations for...more

The European Commission Announces Further Competition Enforcement Following its E-Commerce Inquiry: Considerations for Consumer...

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

The European Commission Announces Further Competition Enforcement Following its E-Commerce Inquiry: Considerations for Digital...

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

New Merger Control Thresholds in Germany

The German legislator just paved the way for the introduction of new merger control filing thresholds. Based on a recently adopted amending law to the German Act against Restraints of Competition, Germany’s merger control...more

EU Commissioner Warns Companies of Potentially Unlawful Use of Pricing Algorithms

On 16 March 2017, EU Competition Commissioner Margrethe Vestager gave a speech on algorithms and competition at the Bundeskartellamt's 18th Conference on Competition in Berlin, during which she discussed the potentially...more

Competition Law Threat to Active Fund Managers

SCM Direct ("SCM"), an investment manager based in the UK, has recently called for the Competition and Markets Authority ("CMA") and Financial Conduct Authority ("FCA") to investigate actively managed funds sector for alleged...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

Does ECHA’s Policy on Notifying Draft Compliance Decisions Breach REACH?

In November 2016, the European ChemicalsAgency (“ECHA”) Board of Appeal (“BoA”) published a decision in a case involving a compliance decision on benzaldehyde (“Contested Decision”). Following an appeal from the lead...more

12/14/2016  /  Chemicals , ECHA , EU , REACH

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

FCA to Impose Remedies in Asset Management Sector including Further Investigation into Investment Consulting

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

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

European Commission Challenges Sports Governing Body’s Non-Compete Rules

The European Commission (“Commission”) this week sent a statement of objections to the International Skating Union (“ISU”) alleging that its rules, which impose severe penalties on skaters who participate in events not...more

All Foreign Takeovers of UK Companies to be Reviewed Following Brexit?

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

CJEU Confirms EU Competition Law Does Not Prevent Royalties for Revoked Patent Licences

On 7 July 2016, the Court of Justice of the European Union (CJEU) ruled that, provided that a licensee is free to terminate a licence agreement on reasonable notice, it can be obliged to pay royalties even after the patent...more

CJEU Sends a Reminder to Parent Companies as regards the Imposition of Liability for their Subsidiaries’ Involvement in a Cartel

On 16 June 2016, the Court of Justice of the EU (“CJEU”) dismissed appeals against the General Court’s (“GC”) rulings on the calcium carbide cartel. The GC had upheld the European Commission’s (“Commission”) EUR 61 million...more

BREXIT: Stay Calm - Effects on Antitrust Expected to be Limited

Should the UK leave the EU, the way how antitrust rules apply to companies based in and doing business in the EU and in the UK is unlikely to change significantly in the short or medium term. Notably, UK domestic...more

UK Competition Authority Challenges Online Resale Ban

On 9 June 2016, the UK’s Competition and Markets Authority (CMA) announced that it had sent a statement of objections to Ping Europe Limited, a golf equipment manufacturer, alleging that Ping had breached EU and UK...more

CJEU Reaffirms Independence of EU and Member States Leniency Programs

The Court of Justice of the EU (“CJEU”) recently issued a seminal preliminary ruling on the relationship between EU leniency programs and the leniency programs of Member States. The CJEU reaffirms that EU and Member State...more

CJEU Sends Clear Warning to “Cartel Facilitators”

On 22 October 2015, the Court of Justice of the EU (“CJEU”) handed down a seminal judgment holding for the first time that companies facilitating the implementation of a cartel can be sanctioned under EU competition law....more

The Court of Justice of the European Union Confirms the Commission’s Long Arm in Fighting International Cartels

In a landmark victory for the European Commission (Commission) before the Court of Justice of the European Union (CJEU) on 9 July 2015, the Court upheld the EUR 288 million fine imposed on a Taiwanese producer of liquid...more

Government Study Shows Increased Need for Competition Compliance Especially By SMEs

On 27 May 2015 the Competition and Markets Authority (“CMA”) published the findings of a research study examining competition law awareness among businesses in the UK. The research reveals that although most businesses...more

E-commerce Companies Face EU Competition Scrutiny

On 26 March 2015, the European Commission announced its proposal to launch an inquiry into the EU e-commerce sector, one that could have far-reaching implications for any business with an online presence in Europe. What is...more

The European Commission’s Enforcement Priorities and the Debate on the Reform of the EU Merger Control Regulation

EU merger control celebrates its 25th anniversary this year. On 13 March 2015, the EU Commissioner for Competition Margrethe Vestager gave a speech on merger reform and market definition noting that, although there is no room...more

Metals Benchmark Pricing and Warehousing Under Further Scrutiny

The two major legal issues currently facing the metals industry are benchmark pricing and metals warehousing. We have spoken regularly at industry events and to our clients about both of these topics and a number of you have...more

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