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Fashion Law Newsletter - December 2018

"People will stare. Make it worth their while." - Harry Winston Welcome to our latest edition of Fashion Law. In this edition we look at the steps the New South Wales and Australian Governments are taking to tackle...more

Brussels Regulatory Brief: November 2018

Antitrust and Competition - European Commission consulting on a new set of commitments in pay-TV investigation - On 9 November 2018, the European Commission announced it was seeking comments on commitments proposed by a film...more

Opportunity for Product Manufacturers to Comment on EU Distribution Rules

On 8 November 2018, the European Commission published a “Roadmap” inviting manufacturers and other interested market participants to provide feedback on the Vertical Agreements Block Exemption Regulation (the “Block...more

Brussels Regulatory Brief: October 2018

Antitrust and Competition - European Commission to consult on exemption regime for vertical agreements - The European Commission has indicated it will launch a wide-ranging public consultation on the Vertical Block Exemption...more

Brussels Regulatory Brief: September 2018

Antitrust and Competition - Transactions in the digital sector and acquisition of data continue to attract scrutiny in Europe - On 6 September 2018, the European Commission cleared without conditions the proposed acquisition...more

How Often Will the FTC Use Its Recently Reaffirmed Authority to Compel Disgorgement?

The U.S. District Court for the Eastern District of Pennsylvania recently granted the Federal Trade Commission’s (“FTC”) request to compel a branded pharmaceutical company to disgorge $448 million in profits....more

Brussels Regulatory Brief: August 2018

Antitrust and Competition - Best Practices Code for State aid control adopted by the European Commission - On 16 July 2018, the European Commission adopted a Code of Best Practices for the conduct of State aid control...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

Merger Parties Beware: ACCC Commences First Gun Jumping Cartel Prosecution

In brief: - The Australian Competition and Consumer Commission (ACCC) has commenced the first prosecution in Australia for alleged "gun jumping" (where parties to a merger commence coordinating prior to merger completion)...more

DOJ's Challenge to Vertical AT&T/Time Warner Merger Experiences Failure to Launch

The District Court for the District of Columbia rejected the request by the U.S. Justice Department’s Antitrust Division (“DOJ”) to enjoin the merger of AT&T’s television distribution business with Time Warner’s video content...more

Brussels Regulatory Brief: June 2018

Antitrust and Competition - Gun jumping attracts increased scrutiny by the European Commission - The European Commission continues its scrutiny against breaches of the procedural obligations in the framework of the EU merger...more

Brussels Regulatory Brief: April 2018

Antitrust and Competition - Substantial Assets Divestiture Needed to Secure Clearance for the Creation of a Company That Will Control More Than a Quarter of the World’s Seed and Pesticides Market - On 21 March 2018, the...more

Brussels Regulatory Brief: March 2018

Antitrust and Competition - Another transaction in the technology sector referred to the European Commission for its review - The European Commission (“Commission”) is yet again set to review a transaction in the technology...more

EU Judgment On Banning Sales Via Online Marketplaces - What Does It Mean For Non-Luxury Brands?

The EU’s highest court, the Court of Justice of the EU, has decided that suppliers operating a selective distribution system may be able to prevent their authorised resellers from selling on third party platforms. The Court’s...more

Highest EU Court Confirms that Luxury Goods Manufacturers Can Stop Sales on Online Resale Platforms

In a judgment rendered on 6 December 2017, the Court of Justice of the EU (“CJEU”) stressed that selective distribution systems for luxury goods which are designed to preserve the luxury image of those goods are generally...more

Brussels Regulatory Brief: December

On 10 November 2017, the European Union (“EU”) General Court (“GC”) rendered a judgment partially annulling the European Commission’s (“Commission”) decision fining a broker for its involvement in the Libor Yen interest rate...more

Brussels Regulatory Brief: October

On 6 September 2017, the Court of Justice, the European Union (“EU”)’s highest court, issued its much awaited decision in a case of abuse of dominance by a US microchip manufacturer using exclusivity or loyalty rebates, i.e....more

EU General Court Upholds Luxury-brand Restrictions on Supply of Spare Parts

The General Court of the European Union has provided some further guidance for luxury-brand companies on the different practices allowed on the secondary markets, such as repairs and supply of spare parts. First, the General...more

Brussels Regulatory Brief: August

On 6 July 2017, the European Commission (“Commission”) announced it had opened three investigations against companies which have allegedly breached the European Union (“EU”) merger procedural rules. Two of the cases...more

Update: Italian Parliament approves the new National Merger Filing Thresholds

On 2 August 2017, the Italian Parliament has adopted the Italian Competition Law, following a complex and long legislative procedure. As already reported, an intense debate surrounded the discussion and the approval of the...more

Brussels Regulatory Brief: July

On 10 May 2017, the European Commission (“Commission”) published its final report (“Report”) concluding a wide-ranging two-year long inquiry into e-commerce (“Inquiry”). During the Inquiry – which was conceived as part of the...more

Brussels Regulatory Brief: June

On May 15, 2017, the European Commission (“Commission”) announced it had opened a formal investigation into a global pharmaceutical company for possible abuse of dominant position. The alleged conduct of the company,...more

The European Commission Announces Further Competition Enforcement Following its E-Commerce Inquiry: Considerations for Consumer...

On 10 May 2017, the European Commission (the “Commission”) published its final report (“Final Report”) concluding its wide-ranging, two-year long inquiry into e-commerce (“Inquiry”). The Final Report offers key insights into...more

The European Commission Announces Further Competition Enforcement Following its E-Commerce Inquiry: Considerations for Digital...

On 10 May 2017, the European Commission (the “Commission”) published its final report (“Final Report”) concluding its wide-ranging, two-year long inquiry into e-commerce including media rights distribution (“Inquiry”). The...more

Brussels Regulatory Brief: May

On 16 March, the European Commission (“Commission”) announced it had launched a new tool in its fight against cartels and other anti-competitive practices. The Commission unveiled a new whistleblowing tool, which would allow...more

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