Competition European Union

News & Analysis as of

Claims for cartel damages limited by the UK High Court

On 23 May 2016, the Chancery Division of the UK High Court of Justice handed down judgment in the case Iiyama Benelux BV and others v Schott AG and others [2016] (“the Iiyama case”) and held that claims for cartel damages...more

German Parliament (Deutscher Bundestag) releases operators of Wi-Fi networks from liability for copyright infringements committed...

On 2 June, the German Parliament (Deutscher Bundestag) passed a bill (2. Gesetz zur Änderung des Telemediengesetzes – 2nd Amending Law to the Federal Telemedia Act; “New Law”). The New Law limits the scope of potential...more

European Competition Law Newsletter – June 2016

Resale Price Maintenance is Just as Bad Online - Two recent UK cases have demonstrated once again that any form of resale price maintenance (RPM) in relation to online sales will be treated just as harshly as RPM...more

European Commission Unveils New Digital Single Market Proposals

The Commission’s proposals aim to drive cross-border e-commerce in the EU and level the regulatory field across audiovisual media services and online platforms. On 25 May 2016 the European Commission (Commission)...more

Brexit Insights - Setting the Scene

At present, the only thing that appears certain about Brexit is the uncertainty that it poses for UK and EU businesses. The referendum on the 23rd June will determine whether the UK should remain part of the EU or...more

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

The beginning of the end for national TV boundaries?

On 22 April 2016, the European Commission (“EC”) invited industry comment on the commitments proposed by Paramount Pictures International Limited (“Paramount”) in response to concerns raised by the EC. The EC’s concerns were...more

Alert: EU Sector Inquiry Highlights Online 'Geo-Blocking' – Future Enforcement Action Likely

On 18 March, the European Commission (Commission) published an issues paper presenting its initial findings on "geo-blocking", as part of its wide-ranging inquiry into competition in the EU e-commerce sector. This sector...more

European Commission Publishes E-commerce Geo-Blocking Inquiry Findings

The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted...more

News Corp Complains about Google

News Corp recently filed a complaint with the European Commission against Google over “improper scraping of content for use in search results.” News Corp alleges that Google takes News Corp content and makes it available in...more

EU Commission maintains close scrutiny of retail geo-blocking

On the 18th of March 2016, the EU Commission published initial findings from its e-commerce sector inquiry. The initial findings show a widespread use of geo-blocking throughout retailers in the EU. The findings reaffirm the...more

EU & Competition Law Update – April 2016

European Union: EU Commission maintains close scrutiny of retail geo-blocking - On the 18th of March 2016, the EU Commission published initial findings from its e-commerce sector inquiry. The initial findings show a...more

Brexit – Legal Consequences For Commercial Parties: Gaining Or Losing The Competitive Edge? Implications For Competition Law...

Now that the UK is on the path to an “in-out” referendum on 23 June, this paper looks at the impact of a Brexit on competition policy and enforcement in the UK, and generally in the European Union (“EU”). EU competition...more

Commission set to say goodbye to the insurance block exemption

The insurance industry currently benefits from the Insurance Block Exemption Regulation (Regulation 267/2010) (IBER), which is due to expire on 31 March 2017. IBER exempts from the competition rules, subject to certain...more

European Life Sciences Review: Issue 2

Welcome to the second issue of our EU life sciences alerter that covers some of the most critical developments in the pharmaceutical and medical technology sectors in the last month and is produced by our life sciences...more

The Intersection of Big Data and Antitrust Law - Finally a Case in the EU

Only a few weeks ago, EU Competition Commissioner Vestager said in a speech, “We continue to look carefully at this issue, but we haven’t found a competition [antitrust] problem yet”. She was referring to antitrust issues...more

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

"Key Takeways: Trends and Developments in Merger Control"

On February 18, 2016, Skadden’s Antitrust and Competition Group presented the webinar “Trends and Developments in Merger Control.” The webinar, led by partners Steven Sunshine and Maria Raptis and counsel Kenneth Schwartz,...more

European Competition Law Newsletter – March 2016

On 16 February 2016, the European Commission (EC) took the next step in its antitrust investigation into the use of price increase letters by 15 container liner shipping companies (carriers). The concern identified by the...more

Retail closer than ever to competition authorities’ hearts

Following a number of European Commission sector inquiries (which included investigations into the energy, financial services and pharmaceuticals sectors), the competition authorities at both European and national levels have...more

McDermott EU Competition Annual Review 2015

McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more

Encouraging news for cross-border internet retailers (and shoppers) in the EU

The European Commission (the "Commission") has been investigating the European-wide parcel delivery industry for some time. With online retail becoming an increasingly important avenue for both consumers and retailers, the...more

European Court of Justice Rules that a Scottish Law Establishing Minimum Unit Pricing for Alcoholic Drinks May Violate EU Law

On 23 December 2015, the Court of Justice of the European Union (ECJ) – Europe’s highest court – ruled that a Scottish law establishing minimum unit pricing for alcoholic drinks may violate European Union law. The case...more

FCA To Investigate Competition In Asset Management

The Financial Conduct Authority (FCA) published the Terms of Reference for its asset management market study on 18 November 2015. The study follows a wider review of competition in the wholesale sector launched in July 2014....more

What discount structures can a dominant firm use? European Court supplies further guidance

The European Court has given further guidance on how to assess the legality of rebates and discounts offered by dominant firms in a case concerning rebates practised by Post Danmark, which at the relevant time enjoyed a...more

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