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EU Competition Newsletter - April 2018

Lights Back On: Territorial Limits in EU Cartel Damages Claims - The Court of Appeal has ruled that iiyama's 1bn EUR cartel damages claims, against the participants of the cathode ray tube ("CRT") market and liquid...more

EU Retail News - March 2018

It's Not Too Late to Get Ready for the GDPR Caution When Exporting Luxury Goods French Supreme Court Upholds Exclusive Supply Obligation where Necessary to Franchise Network Guest interview with Beth Butterwick, CEO of Karen...more

EU Competition Newsletter - March 2018

Early attention to the antitrust considerations of a given transaction can go a long way towards promoting the chances of timely or even early clearance of a transaction. As an initial matter, parties should focus their...more

EU Retail News - February 2018

Do You Need to Appoint a Data Protection Officer in Your Organisation? Under the EU General Data Protection Regulation (GDPR), any company that monitors individuals on a "large scale" or has "large scale" collections of...more

A Heavy Burden: French Company Held Liable for Infringement of Competition Law by Subsidiary Due to Failure to Prove Independence

It is settled law that the fact that a subsidiary has separate legal personality is not sufficient to exclude the possibility of its anti-competitive conduct being imputed to the parent company. The European Court of Justice...more

EU & Competition Law Update - February 2018

Does the EU’s Qualcomm fine represent efficient justice? As widely reported, on 24 January 2018, the EU Commission fined Qualcomm €997m for abusing its dominant position in LTE baseband chipsets....more

EU Retail News - January 2017

Competitive markets and squeezed margins are forcing retailers to be more innovative in their advertising efforts. More frequently, we are seeing advertisements for "free trial" periods for goods and services, often leading...more

French Competition Authority Ends 2017 With a Bang

The French Competition Authority (“FCA”) ended the year with two punitive decisions: in both cases, the parties were severely sanctioned for obstructionist behavior. In the first decision dated 20 December 2017, the FCA...more

EU & Competition Law Update - January 2018

When is pricing discriminatory? We reported in January 2017 on how a Portuguese Court had asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent...more

EU & Competition Law Update – December 2017

European Court of Justice questions validity of commitments procedure under EU competition law - On 23 November 2017, the Court of Justice of the European Union (CJEU) surprised many competition law commentators, when it...more

No More Sweeping Anti-competitive Practices Under the Carpet

In a decision dated 18 October 2017, the French Competition Authority (FCA) imposed a record fine on the “resilient floor covering cartel” (one of the seven biggest fines in the history of the FCA), totalling 302 million...more

EU Retail News - November 2017

From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more

EU & Competition Law Update – November 2017

EU opens investigation into UK tax scheme for multinationals - The EU State aid rules are designed to stop Governments and local authorities giving companies a selective advantage, as doing so would create an unequal...more

EU Retail News - October 2017

One of the biggest threats to a retailer's reputation is an allegation of involvement in slavery, human trafficking, or child labour. Retailers are now expected to be more transparent than ever, with the Modern Slavery Act...more

EU & Competition Law Update – October 2017

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public...more

EU Retail News - September 2017

UK Competition Authority Warns Creative Sector About Price Fixing and Information Sharing - On 12th September 2017 the UK Competition Authority,the Competition and Markets Authority ("CMA") sent an open letter to...more

Expedia targeted once again by the French

Following the French Economy Minister’s claim against Expedia in 2013, the Paris Court of Appeals, by decision dated 21 June 2017, heavily fined this Online Travel Agency (OTA), considering that certain provisions in the...more

EU & Competition Law Update – September 2017

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

Selective Distribution in the French Judicial Spotlight Again

French cosmetics company Caudalie had previously made headlines in a case decided on February 2nd 2016. In that case, Caudalie had applied for an injunction against an online marketplace to compel it to cease selling Caudalie...more

EU & Competition Law Update – August 2017

The UK Government’s Brexit strategy took another step forward on 13th July 2017 with the publication of the European Union (Withdrawal) Bill, commonly referred to as the “Great Repeal Bill”. There was not much of a fanfare...more

EU & Competition Law Update – July 2017

On 14 June 2017, the EU Commission announced that it was opening an investigation into Sanrio, owner of the Hello Kitty brand. Sanrio have been accused by the Commission of an infringement of Article 101 TFEU, the prohibition...more

EU Retail News - June 2017

2017 is shaping up to be the year that the UK's Committee of Advertising Practice ("CAP") puts its foot down on how companies can advertise to children online. In recent months, CAP has published a multitude of guidance to...more

EU & Competition Law Update – June 2017

Hope for a Cleaner Brexit After ECJ Ruling - In a ruling which is likely to have positive implications for a possible Brexit deal, the European Court of Justice (ECJ) on 16 May 2017 opened up the ability of the EU...more

EU Competition Newsletter - May 2017

We have followed over the last years Europe grappling with the issue of most favoured nation clauses and hotel booking. Our last update regarded a joint monitoring project between the CMA and the European Commission, designed...more

EU Retail News - April 2017

Considering a Retail Merger? The UK Competition and Markets Authority ("CMA") has published new commentary to inform companies on how it assess retail mergers. ...more

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