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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

COVID-19: The Commission Provides Guidance to Member States on the Protection of EU’s Critical Assets and Technologies from...

On March 25, 2020, the Commission issued guidelines concerning foreign direct investment (“FDI”) and free movement of capital from non-EU countries (the “Guidelines”). The Guidelines provide helpful guidance to EU Member...more

Brussels Regulatory Brief: April 2020

ANTITRUST AND COMPETITION - The European Commission To Pursue Its Existing Doctrine On The Application Of Essential Facilities Theory To Dominant Digital Platforms - In the official statement issued by Executive...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

COVID-19: Preserving Brand Equity and the Health of a Go-To-Market Strategy During the Pandemic and Beyond

As consumer goods producers emerge from “fighting the first fires” of the COVID-19 shockwave, they will need to take stock of the long-term risks facing their brand equity and go-to-market strategies over the coming months...more

Brussels Regulatory Brief: March 2020

Antitrust and Competition - The Court of Justice of the EU Upholds the Commission’s Powers to Impose High Fines on Companies that “Jump the Gun” - On March 4, 2020, the Court of Justice of the EU (“CJEU”) dismissed the...more

COVID-19: The European Commission Sets Out State Aid Strategy – Opportunities and Challenges for EU Businesses

The COVID-19 outbreak is affecting businesses in the European Union (“EU”) in many different ways. Recognizing the scale of the impact, the Commission Executive Vice-President Margrethe Vestager, in charge of competition,...more

Brussels Regulatory Brief: February 2020

ANTITRUST AND COMPETITION - The Court Of Justice Of The EU Rules Provides Clarity On The Assessment Of Pay-For-Delay Agreements - The Court of Justice of the EU (CJEU) has backed the UK Competition and Markets Authority...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

Brussels Regulatory Brief: January 2020

ANTITRUST AND COMPETITION - EU Competition Commissioner Vestager Will Also Be Responsible For Coordinating The EU Digital Agenda - Last month, Margrethe Vestager was confirmed as Competition Commissioner for the next five...more

Brussels Regulatory Brief: November 2019

ANTITRUST AND COMPETITION - French And German Competition Authorities Publish Joint Study On Potential Competition Concerns Raised By The Use Of Algorithms - On November 6, the French competition authority (Autorité de la...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

Brussels Regulatory Brief: October 2019

ANTITRUST AND COMPETITION - The EU General Court Adopts The First Two Judgements On The Content Of Tax Rulings - On 24 September 2019, the General Court of the European Union (General Court) adopted two judgments...more

Brussels Regulatory Brief: September 2019

INSTITUTIONAL DEVELOPMENTS - The New European Commission - Nearly two months after presenting her Political Guidelines for the next European Commission, Ursula von der Leyen, President-elect of the new Commission, on 10...more

The VBER Consultation - Stakeholders Call For an Update to Reflect the Realities of the E-Commerce Market

Stakeholder submissions to the European Commission (Commission) on the EU competition rules governing distribution practices reveal widespread concern that the current framework is inadequate to meet the growing e-commerce...more

Brussels Regulatory Brief: July 2019

INSTITUTIONAL DEVELOPMENTS - EU Institutions Move Forward With The Selection Of Their Leaders For The New Legislative Cycle - On 2 July 2019, the European Council, which gathers Heads of State or Government of the 28 EU...more

Brussels Regulatory Brief: June 2019

INSTITUTIONAL DEVELOPMENTS - The New European Parliament: More Fragmentation, Ad Hoc Coalitions, And Greener Policies? The results of the May 2019 European Parliament (“EP”) elections resulted in a more complex European...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

Brussels Regulatory Brief: May 2019

ANTITRUST AND COMPETITION - The European Commission Imposes Another Significant Fine On A Company For Negligently Providing Incorrect Information During The Merger Proceedings - On 8 April 2019, the European Commission...more

Brussels Regulatory Brief: April 2019

Defence and Security - Establishment of the European Defence Fund - On 20 February 2019, the European Parliament and the Council of the EU reached a partial political agreement on the European Defence Fund (the “EDF”)....more

Brussels Regulatory Brief: March 2019

Antitrust and Competition - EU Cartel Damages: Advocate General says that liability in cartel damages cannot be avoided through corporate restructuring - On 6 February 2019, Advocate General Nils Wahl found in his...more

Court Confirms Additional Tools for Trade Mark Owners to Protect their Brand Where They Operate a Selective Distribution System in...

A recent decision by the Court of Milan found that a trade mark owner who had consented to products being sold in the European Economic Area (EEA), but only through authorised retailers, could make a claim for trade mark...more

Brussels Regulatory Brief: January 2019

Antitrust and Competition - The European Commission conditionally approves a transaction in the data security sector after in-depth review - On 11 December 2018, the European Commission announced it had conditionally...more

Brussels Regulatory Brief: December 2018

The December issue of the Brussels Regulatory Brief includes the following topics: - Trade - EU moves to bolster free movement of goods through extended mutual recognition - On 22 November 2018, the Austrian...more

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