News & Analysis as of

Internet Retailers Treaty on the Functioning of the European Union (TFEU)

White & Case LLP

Who'd have guessed: Coty did not end the debate!

White & Case LLP on

The e-commerce sector inquiry and inconsistent national case law and enforcement practice have illustrated the need for clarifications and/or reform regarding e-commerce restrictions. Even after the ECJ's Coty judgment, a...more

McDermott Will & Emery

Annual EU Competition Review 2018

McDermott Will & Emery on

CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU...more

K&L Gates LLP

Opportunity for Product Manufacturers to Comment on EU Distribution Rules

K&L Gates LLP on

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

BCLP

UK Landmark Competition Case Condemns Absolute Internet Sale Ban As A Serious Breach Of Competition Law.

BCLP on

The Competition Appeal Tribunal (“CAT”) handed down its judgment on 7 September 2018 in relation to an appeal by Ping Europe Limited (“Ping”) challenging the decision of the UK Competition and Markets Authority (“CMA”) to...more

Dechert LLP

Recent EU Fines for Resale Price Maintenance Are Symptoms of Broader Challenges Faced by Today’s Consumer-Goods Manufacturers

Dechert LLP on

The European Commission (the “Commission”) issued four separate decisions on 24 July 2018, fining consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer a total of €111 million for imposing fixed or...more

K&L Gates LLP

EU Selective Distribution Update: Recent Developments Regarding Marketplace Bans and The Requirement for a Physical Point of Sale

K&L Gates LLP on

This alert considers two interesting recent developments relevant to manufacturers distributing their products through a selective distribution system in European territories....more

A&O Shearman

Vertical Agreements in the Online Sales of Goods

A&O Shearman on

The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more

Jones Day

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

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

Latham & Watkins LLP

CJEU Offers Improved Protection for Luxury Goods in Coty Ruling

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

BCLP

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

BCLP 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

A&O Shearman

Coty Case: Luxury Brands Can Restrict Online Sale via Marketplaces Such as Amazon

A&O Shearman on

On 6 December 2017, the European Court of Justice (“the Court”) handed down its preliminary ruling in the Coty case confirming that a manufacturer operating a selective distribution system of luxury goods is allowed to...more

Jones Day

Dutch Court Affirms Ban on Nonauthorized Online Resellers

Jones Day on

The Ruling: On October 4, 2017, the Amsterdam District Court upheld Nike's ban on authorized distributors selling Nike products on the online platforms of unauthorized resellers. The Result: Under this Dutch ruling, a...more

BCLP

EU Competition Newsletter – February 2017

BCLP on

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

BCLP

A right in Germany to sell through online marketplaces?

BCLP on

On 18 July 2016, Germany moved another step closer to enshrining a right for distributors in selective distribution systems to sell over online marketplaces. This is not sudden move by the German courts, in fact we have...more

Bryan Cave Leighton Paisner

CMA gives the cold shoulder to fridge and bathroom suppliers “MAP Pricing"

The UK Competition and Markets Authority (“CMA”) continues to focus its attention on resale price maintenance particularly where it relates to minimum advertised prices (MAP) on on-line sites. The CMA has a history of...more

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