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Between a Bock and a Hard Place: Does Europe's Resale "Pint" Maintenance Decision Mean More Resale Pricing Control for Suppliers?

In late June 2023, Europe’s highest court confirmed in a hotly anticipated judgment involving leading Portuguese beer and beverage producer Super Bock Bebidas that resale price maintenance (RPM)—namely the vertical fixing of...more

Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement- What's Next?

While government enforcement of the Robinson-Patman Act (the Act) was all but forgotten for nearly two decades, the Federal Trade Commission (the FTC) announced a second investigation over potential price discrimination in...more

Surge of Antitrust Enforcement Against Manufacturers of Branded Consumer Goods

European antitrust regulators have shown a continued focus on scrutinizing manufacturers’ engagement with their distributors. The anticompetitive practices that have attracted the highest financial penalties primarily relate...more

Does the French Lego Case Threaten the Building Blocks of Your Pricing Policy for Online Sellers?

On 27 January 2021, the French competition authority (Autorité de la concurrence or ADC) adopted a decision accepting commitments from the building block producer Lego France (Lego) to amend its discount policy. The ADC...more

E-Concessions and Competition Law

The events of 2020 have caused many brands to re-evaluate whether they are fully utilizing the internet as a tool to reach out to consumers with many enhancing and upgrading their own brand websites. Some brands are now also...more

Enforcement of Customer-Competitor Infringements and Price Monitoring Tools Intensifies

Two recent developments in the European competition enforcement sphere provide a warning for brands when engaging with their retailers with whom they compete and when using price monitoring tools to monitor the third party...more

COVID-19: Beware Illegal Use of Price Monitoring Tools

It is increasingly common for brands to track the prices of their products online using electronic price monitoring tools. While the practice itself is unlikely to attract antitrust risk, as we have previously reported, in...more

Heightened Enforcement Against Brands’ Control of Resale Pricing by Competition Authorities Worldwide

Recent years have seen a surge in enforcement activity with national and supra-national antitrust regulators investigating and fining suppliers and manufacturers for the practice of imposing fixed or minimum resale prices and...more

P2B Regulation: Commission Consults Industry on Ranking Guidelines

Only days after the announcement by the Swedish competition authority that it was launching a sector inquiry into Digital Platforms, the European Commission has published an online questionnaire seeking feedback on the...more

Swedish Sector Inquiry into Digital Platforms

The Swedish Competition Authority has launched a sector inquiry into Digital Platforms. Interested parties have until the 30th of November to submit their views. ...more

The Pitfalls of Price Monitoring in the EU

In an ever-growing online retail environment, brand owners are increasingly becoming concerned with tracking their brand’s online presence and ensuring consumers' experience of their brand continues to be positive....more

I Got 99 Problems But a Pricing Policy Ain’t One: Unilateral Policies Are 99 Years Old And Still the Safest And Most Effective...

Over 99 years ago, on June 2, 1919, the United States Supreme Court held in U.S. v. Colgate & Co. that the Sherman Act does not prevent a manufacturer from: 1) unilaterally announcing prices at which goods may be advertised...more

Continued Antitrust Enforcement Against Non-Compliant Manufacturers in Europe: Significant Penalties Imposed for Fixing Resale...

On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of consumer electronic products for imposing fixed or minimum resale...more

Formerly named “Competition Commission of Singapore” Takes on a New Name in Light of Expanded Consumer Protection Role

Last month, the Singapore Parliament passed a bill expanding the Competition Commission of Singapore’s regulatory powers. In addition to administering and enforcing Singapore’s Competition Act, the regulatory body will now...more

Supplying Products & Managing Margin Down Under: Online Price Erosion Strategies for Product Manufacturers in Australia and New...

The Australian and New Zealand markets present a dilemma for manufacturers. Both are highly developed economies with wealthy, well-educated consumers who are amongst the world's most enthusiastic adopters of new technologies....more

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