News & Analysis as of

Competition Authorities

OTA & Travel Distribution Update - Google linked to new allegations of collusive keyword practices; Argentina's distribution...

by Garvey Schubert Barer on

Happy New Year from Seattle... I hope all of you enjoyed the holidays. Our final, year-end OTA & Travel Distribution Update for the week ending December 29, 2017 is below. ...more

Foreign Investment Control Heats Up: A Global Survey of Existing Regimes and Potential Significant Changes on the Horizon

by Jones Day on

Mergers and acquisitions by multinational companies require attention to foreign investment controls around the world, and such controls vary widely. For example, requirements for determining whether such controls apply, the...more

“Gun-jumping” – antitrust pre-closing risks and how to avoid them

by Dentons on

Competition authorities around the world – and in particular in Europe – have re-focused their attention on pre-closing behavior and transaction structures. These may conflict with antitrust rules in two ways: First,...more

Year in Review: Top 5 Foreign Market Developments in 2017

by Goodwin on

Here are our picks for the top-five most significant foreign market developments in the world of biosimilars in 2017...more

UK Merger Control Scheme Is More Than Just Voluntary

Orrick’s Douglas Lahnborg and Saira Henry co-authored an article in Law360 about the merger process in the UK, and whether companies should consider seeking approval from the UK’s Competition and Markets Authority (CMA). The...more

EU & Competition Law Update – December 2017

by Bryan Cave on

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

CJEU Issues Long-Awaited Coty Decision on Luxury Goods Supplier's Online Platform Ban

by Jones Day on

The Ruling: On December 6, 2017, the Court of Justice of the European Union ("CJEU") issued its long-awaited judgment in the Coty case, which clarifies the extent to which an online platform ban within a selective...more

Online Sales Restrictions Are a Luxury - European Court Clarifies Prohibition of Third Party Platform Sales for Luxury Goods

by Morrison & Foerster LLP on

On 6 December 2017, the European Court of Justice (ECJ) issued its judgment on online platform sales bans for luxury goods in selective distribution systems in Coty (C-230/16). The ECJ ruled that luxury goods manufacturers...more

CJEU Offers Improved Protection for Luxury Goods in Coty Ruling

by Latham & Watkins LLP on

The Court of Justice of the European Union (CJEU) has handed down its much-anticipated judgment in Case C-230/16 Coty Germany GmbH v Parfümerie Akzente GmbH (Coty). The case concerns the legality of a prohibition of sales on...more

Public Procurement Code

by DLA Piper on

On 1 January 2018, the new Portuguese Public Procurement Code will enter into force. Many economic actors, both from the public and the private sector, will have to accommodate these changes in their modus operandi....more

Competition Bureau releases draft FinTech recommendations for policymakers

by Dentons on

On November 6, 2017, the Competition Bureau (the “Bureau”) published its report on the Canadian financial services sector and FinTech. The report examined a wide range of FinTech activities and focused heavily on retail...more

Does Coty really mean that I can ban sales through online marketplaces?

by Bryan Cave on

In what is being hailed as landmark case in distribution law, the Court of Justice of the European Union (the ‘CJEU’) on 6 December 2017 gave a judgment confirming that luxury goods suppliers can ban sales through online...more

Jones Day Global Merger Control Update

by Jones Day on

This is the latest Jones Day Global Merger Control Update, which discusses recent developments in current merger regimes, as well as the emergence of new merger control regimes worldwide. Over the past few years, merger...more

Antitrust Matters - November 2017

by DLA Piper on

We observe today an increasingly politicized discussion of antitrust issues. Antitrust law and policy are back in the media, they are the subject of non- technical political debates. The Economist writes about it regularly....more

EU & Competition Law Update – November 2017

by Bryan Cave on

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

French Competition Authority Imposes Highest Fine in 2017 - €302 Million - On Cartelist Companies and Trade Association in the...

by Reed Smith on

In its decision to impose a €302 million fine for very serious anticompetitive practices in the floor covering sector, the French competition authority revised its position on compliance programmes, which will no longer...more

OTA & Travel Distribution Update - Oct. 27th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending October 27, 2017 is below. This week's Update includes a number of substantive stories on OTAs, particularly, European authorities’ renewed interest in OTAs’...more

Australian Government Releases Draft of Private Sector Whistleblower Protection Law

by Jones Day on

The Situation: Currently, limited protections exist in Australia for private sector whistleblowers against victimization and detrimental treatment. The Development: The Australian government has released draft law that...more

Competition Impact Review to Be Required for All New Chinese Regulations

by WilmerHale on

China's three Anti-Monopoly Law enforcement agencies—the National Development and Reform Commission, the Ministry of Commerce and the State Administration for Industry and Commerce—together with the Ministry of Finance and...more

Rx IP Update - October 2017

by Smart & Biggar on

Pfizer obtains orders of prohibition on polymorphic form patent - On September 22, the Federal Court, in a pair of decisions, granted Orders of prohibition under the Patented Medicines (Notice of Compliance) Regulations...more

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

by Jones Day on

The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

Competition News - October 2017

by Dentons on

Prohibiting an authorized distributor from selling on a market place is not necessarily a hardcore restriction of competition - By a decree dated September 13, 2017, the French Supreme Court gave its support to brands...more

Chinese Competition Authority Imposes Fines for Price-Fixing Involving Industry Associations

by Jones Day on

In Short - The Situation: In early September, three local Chinese chemical manufacturers received penalty notices from China's National Development and Reform Commission ("NDRC") for attending an association conference,...more

Plaintiffs Can’t Depose Competition Bureau Investigator in Price-Fixing Class Action

by Bennett Jones LLP on

The Supreme Court of Canada held today that civil plaintiffs cannot examine for discovery (aka depose) a Competition Bureau investigator: Canada (Attorney General) v. Thouin, 2017 SCC 46....more

South Africa increases merger thresholds and filing fees

by Dentons on

New monetary thresholds for the classification of intermediate mergers, which require mandatory notification to the Competition Commission, have been introduced in South Africa. In addition, merger filing fees have been...more

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