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
Advanz Pharma (“Advanz”) and Alvotech announced that they entered an exclusive partnership agreement regarding supply and commercialization of five biosimilars in Europe, with Alvotech responsible for the development...more
On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation...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
This newsletter focuses on two recent legal updates in the agri-food sector: ..The Egalim 2 Law, adopted on 19 October 2021, is aimed to grant guaranties to the French food sector. More specifically, this law intends to...more
In August 2021, the MDCG issued guidance MDCG 2021-23 for notified bodies, distributors and importers on certification activities in accordance with Article 16(4) of Regulation (EU) 2017/745 and Regulation (EU) 2017/746. The...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
We’re checking in with our Europe-based expert on the latest European updates and upcoming changes for the third quarter of 2021 including updates on Brexit, European Union (EU) data protection policies, block exemption...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
This week’s Update features a variety of stories – short-term rental, airlines, resort fees and antitrust developments in both the United States and the EU. Enjoy....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
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
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
Con l’inizio delle negoziazioni commerciali, bisogna tener presente che le novità introdotte dalla c.d. legge EGalim (n° 2018-938 del 30 ottobre 2018) per l’equilibrio delle relazioni commerciali nel settore alimentare e...more
The Court of Justice of the European Union (“Court”) just released its judgement in Case C-1/18 Oribalt Riga concerning the customs valuation methodologies applicable to generic medicines in the framework of consignment...more
The e-commerce sector inquiry and inconsistent national case law and enforcement practice have illustrated the need for clarifications and/or reform regarding e-commerce restrictions. Even after the ECJ's Coty judgment, a...more
On 1 February 2019, the European Commission published a new Q&A document to give further guidance on the Notice to stakeholders-withdrawal of the United Kingdom and EU rules in the field of industrial products (“the Notice”)....more
Clothing Manufacturer Fined for Restrictions in Distribution Agreements - On 17 December 2018, the European Commission announced a €40 million fine on clothing company Guess for imposing illegal restrictions in its...more
“Geo-blocking” is the practice whereby traders operating in a country block or limit access to their online interfaces, such as websites or apps, by customers from other countries wishing to engage in cross-border...more
Since last year’s “Coty” judgment of the European Court of Justice (ECJ), it may have seemed settled that authorized dealers in a selective distribution network can be prohibited from selling products via third-party...more
A Swedish preliminary ruling procedure is currently pending before the European Court of Justice (CJEU) and represents the latest in a run of rulings on the scope of the distribution right under Article 4 of the InfoSoc...more
On September 26, 2018, the EU General Court (the Court) upheld the European Commission’s refusal to reinvestigate GlaxoSmithKline SA’s (GSK) Spanish “dual-pricing” distribution arrangements, 20 years after the alleged conduct...more
The increasing importance of the internet has caused EU and US antitrust regulators to look closely at a range of trading policies including restrictions on internet sales, geo-blocking, use of on line platforms, MFN clauses...more