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Brussels Regulatory Brief: October - November 2021

ANTITRUST AND COMPETITION - The EU General Court Upheld the Commission’s Fines for Gun Jumping - On 25 February 2015, a French telecom company notified to the Commission (its proposed acquisition of a Portuguese multimedia...more

Fashion Law Update - November 2021

In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors post COVID-19 around the world. In this edition, we focus on a few themes which include: ...more

Brussels Regulatory Brief: September 2021

ANTITRUST AND COMPETITION - Competition Policy and the Green Deal - In her recent keynote speech, delivered at the 25th IBA Competition Conference on 10 September 2021, European Commission (the Commission) Executive Vice...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

Brussels Regulatory Brief: June - July 2021

ANTITRUST AND COMPETITION - The French Competition Authority (FCA) Fined a Watchmaker for Obstruction of an Antitrust Investigation - On 9 July 2021, the FCA fined a watchmaker for failing to respond to a request for...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

Brussels Regulatory Brief: May 2021

ANTITRUST AND COMPETITION - A Subsidiary can be Held Liable for the Harm Caused by the Anticompetitive Conduct of its Parent Company - On 19 July 2016, the European Commission (the Commission) imposed fines on several car...more

Fashion Law Update - May 2021 Edition

In this edition of Fashion Law, we have a huge selection of articles from around the world. As many countries ease into a new way of living with/post COVID-19, the way we do business has changed. Some businesses managed...more

Brussels Regulatory Brief: April 2021

ANTITRUST AND COMPETITION - The Commission’s New Guidance Creates Legal Uncertainty for Merger Control in the EU - On 26 March 2021, the Commission published a new Guidance on the application of the EU upward case referral...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

Brussels Regulatory Brief: March 2021

ANTITRUST AND COMPETITION - The European Commission Opens a New Investigation in the Pharma Sector - On 4 March 2021, the European Commission (Commission) has opened a formal investigation into alleged misuses of patent...more

Brussels Regulatory Brief: February 2021

ANTITRUST AND COMPETITION - The European Commission Accepts Commitments from a Pharma Company to Stop Its Excessive Prices - On 15 May 2017, the European Commission (Commission) announced that it had opened formal proceedings...more

Brussels Regulatory Brief: January 2021

ANTITRUST AND COMPETITION - The European Commission Consults on New EU Competition Rules for Distribution Agreements - The Vertical Block Exemption Regulation (VBER) and its accompanying Vertical Guidelines (VGL) are designed...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

Brussels Regulatory Brief: November 2020

ANTITRUST AND COMPETITION  - The Court of Justice of the European Union Reinforces the European Commission’s Strict Approach on Parental Liability for Antitrust Breaches of Subsidiaries  - On 28 October 2020, the Court of...more

Brussels Regulatory Brief: October 2020

ANTITRUST AND COMPETITION - The General Court of The EU Squashes the Commission's Inspection Decisions to Raid the French Mass Retail Sector - The European Commission (Commission), if it has reason to suspect a company is...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

Fashion Law Update - October 2020 Edition

In this edition of Fashion Law, we have a huge selection of articles from around the world. Firstly, given the turmoil over the past year and how many brands have filed for insolvency or needed to restructure, we provide...more

Brussels Regulatory Brief: September 2020

ANTITRUST AND COMPETITION - The French Competition Authority Imposes a Record Fine of €444 Million on Three Pharma Companies for Collectively Exploiting Their Dominant Position - On 9 September 2020, the French Competition...more

Germany's Highest Antitrust Court Published the Detailed Written Statement of Reasons of its Facebook-Decision -- With...

On 23 June 2020 the German Federal Court of Justice (Bundesgerichtshof, BGH) orally announced its decision in the interim proceedings initiated by Facebook against the prohibition and cessation orders of the German Federal...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

Brussels Regulatory Brief: June-July 2020

ANTITRUST AND COMPETITION - The General Court Of The EU Overturns A Commission Decision To Prohibit A £10.25bn Telecom Takeover In The UK - In 2016, the European Commission (Commission) blocked the proposed acquisition of a...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: The Failing Firm Defense in the Face of the COVID-19 Outbreak

As the COVID-19 pandemic causes commercial and financial difficulties, an increasing number of transactions may involve companies in financial difficulty. ...more

Brussels Regulatory Brief: May 2020

Antitrust and Competition - The Failing Firm Defense in the Face of the COVID-19 Outbreak - As the COVID-19 pandemic causes commercial and financial difficulties, an increasing number of transactions may involve companies in...more

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