News & Analysis as of

Treaty on the Functioning of the European Union (TFEU) E-Commerce

K&L Gates LLP

Brussels Regulatory Brief: March 2022

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The European Commission Opens Investigation into an Allegedly Anticompetitive Agreement Between Two Global Tech Companies Active in Online Display Advertising Services - On 11 March 2022, the European Commission (Commission)...more

Hogan Lovells

Fit for the digital age – EU Commission consults on new competition rules for vertical agreements

Hogan Lovells on

The European Commission has invited interested parties to comment on the revised competition rules applicable to vertical arrangements under the Vertical Block Exemption Regulation and the Vertical Guidelines. It comes as no...more

Latham & Watkins LLP

EU Distribution Rules Under Review

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The European Commission (EC) has published a draft revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines (the Guidelines) for public consultation. The draft revised VBER and Guidelines are an important...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

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

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

BCLP

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

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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

BCLP

EU Competition Newsletter - April 2018

BCLP on

Lights Back On: Territorial Limits in EU Cartel Damages Claims - The Court of Appeal has ruled that iiyama's 1bn EUR cartel damages claims, against the participants of the cathode ray tube ("CRT") market and liquid...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

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 Law Update – July 2017

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On 14 June 2017, the EU Commission announced that it was opening an investigation into Sanrio, owner of the Hello Kitty brand. Sanrio have been accused by the Commission of an infringement of Article 101 TFEU, the prohibition...more

Latham & Watkins LLP

European Commission Publishes E-commerce Sector Inquiry Final Report: 4 Key Takeaways

Latham & Watkins LLP on

The final report indicates future enforcement trends related to vertical restraints, pricing and big data. On 10 May 2017, the European Commission (Commission) published its final report on the E-commerce Sector Inquiry...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

EU Commission Gets Serious About Geo-Blocking

BCLP on

On 2 February 2017, the EU Commission simultaneously launched three investigations into the e-commerce sector. What is significant about this latest development is that it shows that e-commerce is a clear priority area in...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

BCLP

EU Retail News - July 2016

BCLP on

BREXIT – THE NEXT STEPS - Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past –...more

Latham & Watkins LLP

European Commission Unveils New Digital Single Market Proposals

Latham & Watkins LLP on

The Commission’s proposals aim to drive cross-border e-commerce in the EU and level the regulatory field across audiovisual media services and online platforms. On 25 May 2016 the European Commission (Commission)...more

McGuireWoods LLP

European Competition Law Newsletter – November 2015

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A company that helps with or facilitates a cartel is at just as much risk of sanctions and penalties as are the actual cartelists. This was confirmed by the EU’s highest court (the European Court of Justice (ECJ)) on 22...more

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