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Resale Pricing

Benesch

Pricing Litigation: Ten Years In

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Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more

Hogan Lovells

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

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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?

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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

Barnea Jaffa Lande & Co.

2022: Antitrust and Competition in Israel – A Year in Review

2022 was an intensive year in competition law. Material issues to the competition agenda were addressed in precedential determinations and rulings by the Competition Authority and by Israeli courts. These issues include...more

Miller Canfield

Sales Tax Obligations of Michigan Public Schools

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This practice guide discusses generally the Michigan sales tax obligations of Michigan public schools under the Michigan General Sales Tax Act, Act 167, Public Acts of Michigan, 1933, as amended (MCL §205.51 et.seq.) The Act...more

Hogan Lovells

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

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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

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

Morrison & Foerster LLP

There is a New Vertical Exemption on the Block

The European Commission published the new Vertical Block Exemption Regulation and related guidelines on May 10, 2022. The purpose of the block exemption is to generally exempt agreements between market players at different...more

Hogan Lovells

Chinese antitrust – the big reset

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Chinese antitrust is going through what are likely the most important changes since its inception: an amendment of the Anti-Monopoly Law and the establishment of a new enforcement body. ...more

K&L Gates LLP

Brussels Regulatory Brief: June - July 2021

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ANTITRUST AND COMPETITION - The French Competition Authority (FCA) Fined a Watchmaker for Obstruction of an Antitrust Investigation - On 9 July 2021, the FCA fined a watchmaker for failing to respond to a request for...more

K&L Gates LLP

Resale Price Maintenance May Carry More Risk Than Originally Thought in Canada, Eh?

K&L Gates LLP on

In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canada’s Competition...more

McDermott Will & Emery

Key Takeaways | Revision of the EU Vertical Block Exemption Regulation (VBER) and Guidelines: State of Play and Strategic...

McDermott Will & Emery on

The European Commission has taken a significant step toward the revision of the Vertical Block Exemption Regulation (VBER) and the Vertical Guidelines. With its evaluation phase ending, the Commission has recently presented...more

McDermott Will & Emery

[Webinar] Revision of the VBER and Vertical Guidelines by European Commission | Part 1 - November 12th, 4:00 pm - 5:00 pm GMT

McDermott Will & Emery on

Part 1: Expected Policy Changes in a Rapidly Changing World – and What this Means for Business - The European Commission has taken a significant step towards the revision of the Vertical Block Exemption Regulation (VBER)...more

K&L Gates LLP

Prohibition on Advertising Below the RRP Amounts to Illegal Resale Price Maintenance, ACCC Alleges

K&L Gates LLP on

In Brief - The Australian Competition and Consumer Commission (ACCC) has commenced proceedings against cycling wholesaler B & K Holdings (QLD) Pty Ltd, trading as FE Sports (FE Sports), alleging that it engaged in resale...more

K&L Gates LLP

E-Concessions and Competition Law

K&L Gates LLP on

The events of 2020 have caused many brands to re-evaluate whether they are fully utilizing the internet as a tool to reach out to consumers with many enhancing and upgrading their own brand websites. Some brands are now also...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

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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

Hogan Lovells

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Summer 2019

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Read the latest news on antitrust, competition and economic regulation (ACER) in this Summer's edition of our quarterly ACER newsletter. ...more

Hogan Lovells

Neither fish nor fowl – China's supreme court proposes new framework for resale price maintenance

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In the last week of June 2019 a copy of a groundbreaking court ruling emerged on social media in China – the order by the Supreme People's Court (SPC) in the Yutai case. ...more

K&L Gates LLP

The Pitfalls of Price Monitoring in the EU

K&L Gates LLP on

In an ever-growing online retail environment, brand owners are increasingly becoming concerned with tracking their brand’s online presence and ensuring consumers' experience of their brand continues to be positive....more

K&L Gates LLP

"It's Authorization, Stupid”: An Authorized Reseller Program, Not a MAP, Is Your Best Weapon to Fight Unauthorized Internet...

K&L Gates LLP on

“It’s the economy, stupid” was coined in 1992 by Bill Clinton’s presidential campaign strategist, James Carville, to capture the issue that mattered the most to people. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: US and EU Antitrust Enforcers Remain Active and Aggressive, With Some New Wrinkles

Antitrust enforcement agencies in the U.S. and Europe were once again busy in 2018, particularly in the area of merger review. In the U.S., despite new leadership at both the Department of Justice (DOJ) and the Federal Trade...more

Foster Garvey PC

OTA & Travel Distribution Update: Priceline is back full steam despite change in name and business model; Resellers running amok...

Foster Garvey PC on

Despite a Change in Name and Business Model, Priceline is Back - ("Remember Priceline? After a Comeback and a Name Change, It’s Betting Big on China," Wall Street Journal - Business, December 28, 2018) Booking Holdings...more

K&L Gates LLP

If at First You Don’t Succeed, Yutai Again: Yutai Seeks Clarity from Chinese High Court on Resale Price Maintenance Divergence

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Today, product manufacturers doing business in China face uncertainty with regard to resale price maintenance (“RPM”). For more than five years, the National Development and Reform Commission (“NDRC”) and Chinese courts have...more

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