News & Analysis as of

Resale Price Maintenance (RPM) Competition

A&O Shearman

Australia, Malaysia and Nigeria impose record antitrust fines

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Several antitrust authorities ended 2023 with a bang by imposing record fines. Resale price maintenance (RPM) and cartel conduct were particularly in the spotlight....more

Morgan Lewis

Minimum Resale Price Maintenance Agreements Face Scrutiny from Maryland Attorney General

Morgan Lewis on

The Office of the Maryland Attorney General recently announced that the state is actively investigating resale price maintenance (RPM) violations under Maryland’s state antitrust law. Maryland’s investigations are notable as...more

K&L Gates LLP

Between a Bock and a Hard Place: Does Europe's Resale "Pint" Maintenance Decision Mean More Resale Pricing Control for Suppliers?

K&L Gates LLP on

In late June 2023, Europe’s highest court confirmed in a hotly anticipated judgment involving leading Portuguese beer and beverage producer Super Bock Bebidas that resale price maintenance (RPM)—namely the vertical fixing of...more

Hogan Lovells

The ECJ Super Bock judgment: What is the status of resale price maintenance under EU law?

Hogan Lovells on

With summer kicking in, it may be tempting to enjoy a Portuguese beer and relax far from competition law. Instead, the European Court of Justice (“ECJ”) choses to recall the basics of resale price maintenance (“RPM”) and...more

Hogan Lovells

Resale price maintenance in China – safe harbour or stormy seas?

Hogan Lovells on

On 29 May 2023, China’s antitrust authority published on its webpage the decision against Zizhu Pharma. The company was fined by SAMR’s Beijing branch for engaging in resale price maintenance, the antitrust lingo for...more

Hogan Lovells

China’s antitrust authority enacts final implementing regulations for amended Anti-Monopoly Law

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On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”), which cover four areas...more

A&O Shearman

Antitrust in focus - February 2023

A&O Shearman on

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Vivian Cao, partner at Allen & Overy Lang Yue, is our editor this month....more

Jones Day

China's Supreme Court Ruling Likely to Prompt More Follow-on Antitrust Litigation

Jones Day on

In Short - The Development: China's Supreme People's Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative...more

Hogan Lovells

Hong Kong Competition Commission brings first court case on resale price maintenance

Hogan Lovells on

For the first time since the Competition Ordinance came into effect, the Hong Kong Competition Commission (HKCC) has commenced court proceedings against a supplier for resale price maintenance as a contravention of the First...more

Hogan Lovells

[Webinar] Mind the vertical gap: An update on the new rules on vertical agreements in the EU and UK - September 29th, 12:00 pm -...

Hogan Lovells on

Join the Hogan Lovells Antitrust and Competition team on Thursday, September 29, 2022 for a discussion on the key recent changes to the vertical agreement block exemptions in both the EU and UK: - Highlighting the key...more

K&L Gates LLP

It's All About Context: CMA Imposes £1.5 Million on Lighting Brand for Creating an Unwelcoming Environment for Product Discounts

K&L Gates LLP on

In March 2022, the UK Competition and Markets Authority (CMA) fined the lighting products supplier, Dar Lighting Limited (Dar), £1.5 million for engaging in resale price maintenance (RPM), in breach of the UK prohibition...more

Hogan Lovells

The revision of the chinese anti-monopoly law – abuse of dominance, of IPR and of administrative powers

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There are relatively few changes in the draft regulations implementing the revised Anti-Monopoly Law in the areas of abuse of dominance, abuse of IPRs, and abuse of administrative powers. While mainly platform operators are...more

Hogan Lovells

The revision of the Chinese Anti-Monopoly Law – to agree or not to agree

Hogan Lovells on

The draft Regulation Prohibiting Monopoly Agreements is a key part of the Anti-Monopoly Law reform package. While the expansion of the cartel prohibition to include third parties may not come as a surprise, the introduction...more

K&L Gates LLP

"Extra, Extra, Read All About It"—Final European and UK Brand Distribution Rules Published

K&L Gates LLP on

On 10 May 2022, the European Commission (the Commission) finally published the official final version of the European Vertical Block Exemption Regulation (VBER) and guidelines (Vertical Guidelines). The new rules will come...more

A&O Shearman

Ten years of the vertical block exemption regulation in CEE

A&O Shearman on

The updated EU Vertical Block Exemption Regulation (the VBER) and the associated Vertical Guidelines (the VGL) are due to be published soon, just before their current counterparts expire at the end of May 2022. ...more

Hogan Lovells

China Antitrust Column – September 2021

Hogan Lovells on

On 27 September 2021, just a few days before the week-long National Day break, the State Administration for Market Regulation (SAMR) issued its decision against Bull, a supplier of power connection and extension products from...more

Jones Day

ACCC Brings Resale Price Maintenance Enforcement Action

Jones Day on

A new ACCC resale price maintenance case provides a timely reminder that manufacturers and suppliers must tread carefully with distribution arrangements related to price in Australia. The Australian Competition and...more

Latham & Watkins LLP

EU Distribution Rules Under Review

Latham & Watkins LLP on

The Development - ..The European Commission (EC) has published a 232-page Staff Working Document that summarises the findings of its evaluation of the EU Vertical Block Exemption Regulation (VBER) and accompanying...more

McGuireWoods LLP

European Competition Law Newsletter – September 2020

McGuireWoods LLP on

EU, UK Competition, State Aid and Public Procurement Law During COVID-19 - While not the most important concern, it should be appreciated that antitrust/competition law, plus the state aid and public procurement rules,...more

K&L Gates LLP

COVID-19: Beware Illegal Use of Price Monitoring Tools

K&L Gates LLP on

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

K&L Gates LLP

Heightened Enforcement Against Brands’ Control of Resale Pricing by Competition Authorities Worldwide

K&L Gates LLP on

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

McDermott Will & Emery

International Legal Highlights – November 2019

McDermott Will & Emery on

EU COMPETITION LAW AND ARTIFICIAL INTELLIGENCE - Artificial Intelligence (AI) and big data are playing an increasingly important role in the economy. Competition law will have to evolve if it is to reconcile the positive...more

McGuireWoods LLP

European Competition Law Newsletter – November 2019

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Textbook Long-Term Cartel Fined in the EU - On 27 September 2019, the European Commission announced it had fined two canned vegetable suppliers for participating in a cartel that ran for more than 13 years. Another...more

McGuireWoods LLP

European Competition Law Newsletter – September 2019

McGuireWoods LLP on

A Classic Online RPM Case in the UK - On 1 August 2019, the UK Competition and Markets Authority (CMA) announced it had fined digital piano and keyboard supplier Casio £3.7 million for engaging in illegal resale price...more

Jones Day

China's Supreme Court Resets Resale Price Maintenance Analysis

Jones Day on

In its first resale price maintenance ("RPM") ruling since the passage of its Anti-Monopoly Law, China's highest court held that Chinese antitrust enforcement agencies do not have to prove that RPM has an anticompetitive...more

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