E-Commerce European Union

News & Analysis as of

Brexit ahead for TMT …8 months on

Eight months ago, just before the Referendum, I anticipated the implications of a Leave vote for the sector. Today sees the publication of the first results of the Hogan Lovells "Brexometer", which will track the attitudes of...more

Fifth Annual Report Reviews Global Antitrust Developments

Shearman & Sterling’s 2017 Antitrust Annual Report reflects our lawyers’ experience and insights on key antitrust risks affecting our clients’ businesses. Please see full Report below for more information....more

EU antitrust enforcement 2.0 – European Commission raises concerns about algorithms and encourages individual whistleblowers

The European Competition Commissioner Margrethe Vestager has emphasised two important developments for EU antitrust enforcement, which have emerged from technological advancements: The Commission is taking proactive...more

European Competition Law Newsletter – March 2017

European Commission Investigates Online Sales Practices - On 2 February 2017, the European Commission (EC) announced three separate investigations into online sales practices in the EU. It will assess whether various...more

EU Competition Newsletter – February 2017

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

Combative French Plaintiff Obtains Extended Jurisdiction Over Cross-border Online Marketplace Sales

On 21 December 2016, the European Court of Justice (ECJ) handed down an interesting interpretation of jurisdictional issues in cross-border competition law and online sales. The ECJ ruled that courts of a Member State have...more

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

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

EC Launches Targeted Competition Enforcement in E-Commerce Sector

If we needed any reminder that the competitiveness of e-commerce was high on the European Commission’s enforcement agenda, we now have unequivocal proof of this. The Commission today launched three separate investigations...more

McDermott EU Competition Annual Review 2016

It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of...more

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

January EU Competition Newsletter

Digital and Pharma Merger Cases Raise Worry of Enforcement Gap in EU Merger Control - On 7 October 2016, the EU Commission launched a public consultation ("the Consultation") on the functioning of certain procedural and...more

European Commission proposes simplified VAT rules for e-commerce supplies

On 1 December 2016, the European Commission unveiled plans to simplify the VAT rules for cross-border online sales (e-commerce). The Commission's proposal will make it easier for online businesses to access markets in (other)...more

European Commission Publishes Draft Regulation Prohibiting Geo-Blocking by Online Traders and Content Publishers

As part of the European Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from discriminating against customers located in other EU Member...more

EU Retail News – October 2016

Can retailers find the perfect mix? Retailers are increasingly under pressure to evaluate their business models and, in particular, the mix of their in-store, online and mobile offerings. Just as there are few pure-play...more

UK CMA Announces Closure of Investigation into PCWs for Energy Tariffs

On 6 October 2016, the UK Competition and Markets Authority (“CMA”) announced the closure of its investigation into a suspected competition law breach by some price comparison websites (“PCWs”) for energy tariffs on the...more

A day at the races - the e-commerce sector inquiry, a conference report

On Thursday, 6 October, the European Commission presented its preliminary findings of the e-commerce sector inquiry (Preliminary Report) to a large audience of interested stakeholders, followed by debates on the three main...more

“E-Commerce must live up to its promise…”

These are the words of Europe’s chief antitrust enforcer, Margrethe Vestager, introducing the Commission’s public hearing on October 6, 2016, on its preliminary findings of the e-commerce sector inquiry. The promise of...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

On the Way to a European Digital Single Market: Whether You Sell Online or Offline – Listen Up!

The European Commission’s Directorate-General for Competition has issued a lengthy preliminary report of its ongoing sector inquiry into the e-commerce of goods and digital content. The sector-wide inquiry was launched on May...more

European Commission gives preliminary views on competition issues in e-commerce

On 15 September the European Commission published its Preliminary Report on the E-commerce Sector Inquiry. The Commission has conducted a wide ranging survey of manufacturers, distributors and retailers, price comparison...more

Advanced Copyright Issues on the Internet

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

E-Commerce: The European Commission Completes Its Preliminary Report on the E-Commerce Sector Inquiry

In May 2015, the European Commission (the Commission) launched a sector inquiry in the field of e-commerce in the context of its Digital Single Market strategy. Its aim was to obtain an overview of prevailing market trends,...more

Preliminary Report on the E-commerce Sector Inquiry: Key findings

On 15 September 2016, the European Commission published its Preliminary Report on the E-commerce Sector Inquiry. Although the Report is preliminary, its findings already highlight concerns on the part of the European...more

Re-writing the copyright rulebook: analysing the European Commission’s copyright reform proposals

More than a year after the Commission announced its Digital Single Market (DSM) Strategy, the Commission continues to press ahead in delivering concrete proposals. The latest – and arguably most significant yet – are its...more

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