News & Analysis as of

Sales & Distribution Agreements Treaty on the Functioning of the European Union (TFEU)

Dechert LLP

Vertical restraints: the European Commission revisits its approach to information exchange in situations of dual distribution

Dechert LLP on

On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation...more

Latham & Watkins LLP

Vertical Block Exemption Regulation and Guidelines

Latham & Watkins LLP on

On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more

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

Skadden, Arps, Slate, Meagher & Flom LLP

EU General Court Dismisses Parallel Trade Group’s Dual-Pricing Complaint Against GSK

On September 26, 2018, the EU General Court (the Court) upheld the European Commission’s refusal to reinvestigate GlaxoSmithKline SA’s (GSK) Spanish “dual-pricing” distribution arrangements, 20 years after the alleged conduct...more

BCLP

The Challenge of the Internet for EU and US Retail Distribution Strategies

BCLP on

The increasing importance of the internet has caused EU and US antitrust regulators to look closely at a range of trading policies including restrictions on internet sales, geo-blocking, use of on line platforms, MFN clauses...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

BCLP

EU & Competition Law Update - January 2018

BCLP on

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

Hogan Lovells

Selective distribution and online sales: complying with EU competition law after the Coty judgment

Hogan Lovells on

The Court of Justice of the European Union recently issued a landmark judgment that will affect distribution and online sales in particular in the consumer goods and digital sectors....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

BCLP

Selective Distribution in the French Judicial Spotlight Again

BCLP on

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

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