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Lawn and Order: Major Steps Against Greenwashing in Europe

A new and powerful wave of “greenwashing” bans will sweep the European Union (EU) shortly. The EU’s Green Claims Directive and Greenwashing Directive (together, the Green Directives) are key legislative tools being introduced...more

The European Commission Announces Five New Initiatives in Its Economic Security Package

On 24 January 2024, the European Commission (Commission) published its Economic Security Package, which introduces five new initiatives with the aim to increase the European Union’s economic security, including: The proposal...more

11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges...

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic...more

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

Fit For 55 Package: EU Revises The EU Emissions Trading System And Establishes a New Carbon Border Adjustment Mechanism

In the last couple of years, the European Union has announced and adopted a wave of sustainability initiatives that will have significant implications for European and global companies across all industries. Among other...more

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more

K&L Gates' Verticals Predictions for 2023: Top Trends, Opportunities, and Pitfalls

The start of 2023 marked six months since the new vertical distribution laws came into effect across the European Union (EU) and United Kingdom (UK) – see our earlier summary of the important changes here)....more

Illumina/Grail—The Dawn of a New Era for Global Merger Control?

The European Commission’s (EC) decision to block Illumina’s acquisition of Grail marks the dawn of a new era for acquisitions of startups with innovation potential. This case involved many “firsts”: It is the first time that...more

European Commission Streamlines Merger Control Review Process

OVERVIEW - On 6 May 2022, the European Commission (Commission) published the draft revised Implementing Regulation (Draft Implementing Regulation) and the Notice on Simplified Procedure (Draft Notice) for the EU Merger...more

"Extra, Extra, Read All About It"—Final European and UK Brand Distribution Rules Published

On 10 May 2022, the European Commission (the Commission) finally published the official final version of the European Vertical Block Exemption Regulation (VBER) and guidelines (Vertical Guidelines). The new rules will come...more

Hydrogen Rising: Hydrogen Town Hall: Key Trends in Global Hydrogen Policy and Regulation

Since the Paris Climate Conference, innovations in the development of hydrogen energy have accelerated sharply, with the International Renewable Energy Agency (IRENA) now predicting green hydrogen will be competitive in 2030,...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

Positive Effects of Compliance Programs Under the New Guidelines for Fines by the FCO

In October, the German Federal Cartel Office (Bundeskartellamt, "FCO”) published new guidelines on its leniency program and on the setting of fines in cartel proceedings. The guidelines substantiate the changes in the law...more

Narrow Best-Price Clauses Between Platforms and Hotels: German Federal Court of Justice Overturns Court Decision That Ruled These...

The German Federal Court of Justice (Bundesgerichtshof (BGH)) has recently published on 6 August 2021 the reasoning for its judgment of 18 May 2021 on best-price clauses, which overturned the previous decision of the...more

European Distribution Rules Latest: Dual Pricing, Shared Exclusivity in; MAP Policies Still Out

The European Commission has now published its proposed draft of the new EU rules, which will govern distribution agreements until 2032. These are set to replace the current EU Vertical Block Exemption Regulation (VBER) and...more

European Union Moves Towards Mandatory Supply Chain Due Diligence: Start Gearing Up For New Directive

Introduction - There has been a proliferation of new laws concerning ethical sourcing and due diligence in supply chains in various territories in recent years. This trend is being taken to the next level in the European...more

European Super League Skating by Competition Law

The announcement from twelve of Europe’s top football clubs of their plan to form a breakaway league (the so-called European 'Super League') sparked an impassioned response from many quarters. One of the threatened sanctions...more

The Hydrogen Handbook - Germany

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive...more

Hydrogen Rising: From Concept to Market - H2 Advances in Germany

In this episode, K&L Gates’ Berlin partner Annette Mutschler-Siebert and Hydrogen Rising co-host Sandi Safro discuss hydrogen developments in Germany, including the shift from the R&D phase to projects....more

Is the European Commission Now Entitled to Review Non-Notifiable Transactions - Even After Closing?

Overview - On 26 March 2021, the European Commission (Commission) published new guidance on the application of the EU upward case referral system (Guidance), pursuant to which EU Member States can ask the Commission to review...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

The Enforcement of Abuse of Economic Dependence in the EU

INTRODUCTION - Behaviors such as excessive pricing and refusal to supply are often well understood to create potential issues if the company is dominant. However, under the national laws of some EU member states, such conduct...more

Vertically Challenged - Insight into the EU Commission's Efforts to Update the EU Rules on Vertical Agreements

The European Commission (Commission) has launched the impact assessment phase concerning its ongoing revision of the Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines, which set out the rules...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

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