December 2017

Anticompetitive practices

The EU Court of Justice holds that suppliers of luxury goods may under certain conditions restrict authorised retailers in a selective distribution system not to sell their goods via third-party online platforms to preserve their products’ ‘luxury image’ (Coty Germany)
Hogan Lovells (Munich)
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European University Viadrina Frankfurt (Oder)
I. Introduction On 6 December 2017, the European Court of Justice (ECJ) handed down its long-awaited judgment on the permissibility of restrictions by suppliers of luxury goods to sell their products via third-party online platforms under Article 101 (1) TFEU. The question has been subject to (...)

The EU Court of Justice deals a blow to the Commission’s power to close antitrust investigations with commitment decisions (Gasorba / Repsol)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

The EU Court of Justice issues a ruling assimilating farmer cooperatives to undertakings under EU competition law (APVE)
Antwerp University (UFSIA)
The ECJ Preliminary Ruling in French Endives: Two (Too?) Simple Rules to Attune Article 101 TFEU to the Common Agricultural Policy* The competition and agricultural rules in the EU treaties have lived separate lives for many decades. While an agricultural exemption from the competition rules (...)

The Polish Supreme Court provides guidance on setting fines for resale price maintenance and recognizes the privilege against self-incrimination in the national competition law (Polifarb Cieszyn – Wrocław)
Office of Competition and Consumer Protection (Poland)
Introductory remarks In its decision of 18 September 2006, the President of the Office of Competition and Consumer Protection (hereinafter referred to as the ’President of UOKiK’) imposed fines on Polifarb Cieszyn - Wrocław S.A. (hereinafter referred to as ’PCW’) Praktiker Polska, OBI, Castorama, (...)

The Turkish Competition Authority rejects the complaint that the recommendation of a vehicle tracking system providers vis-à-vis others by the Union of Road Transporters Association violates the competition act (Mobiliz)
University of Sussex
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the recommendation of some vehicle tracking system providers vis-à-vis others in a letter drafted by the Union of Road Transporters Association in Ankara (Association) and sent to its (...)

Unilateral Practices

EU Court of Justice Advocate General Saugmandsgaard Øe indicates that providing misleading information aimed at undermining the reputation of one drug to the benefit of another drug might constitute a restriction by object (Hoffmann-La Roche)
Liège University - IEJE
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Liège University - IEJE
On 21 September 2017 Advocate General Saugmandsgaard Øe (‘AG’) issued his opinion in F. Hoffmann-La Roche vs Autorità Garante della Concurrenza e del Mercato (AGCM). In his opinion the AG provides guidance to the Court of Justice of the European Union (‘CJEU’) on the various questions raised by the (...)

Mergers

The Indian Government exempts Oil & Gas state owned enterprises from merger control
Chandhiok & Associates (New Delhi)
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Chandhiok & Associates (New Delhi)
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Chandhiok & Associates (New Delhi)
The Indian Government exempts Oil & Gas state owned enterprises from merger control On 22 November 2017, the Government of India issued a notification exempting Central Public Sector Enterprises (CPSEs) operating in the Oil and Gas Sectors (O&G Exemption), from a mandatory pre-merger (...)

The US FTC files a complaint challenging a proposed acquisition (Red Venture / Bankrate)
Shearman & Sterling (Washington)
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Shearman & Sterling (Washington)
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Shearman & Sterling (Washington)
On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal likely would have lessened competition in the market for thirdparty paid referral services for senior living facilities—even though Red (...)

Procedures

The EU Commission publishes a Fact Sheet on Intellectual Property Rights Enforcement and a Communication setting out the EU’s approach to Standard Essential Patents
Simmons & Simmons (London)
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Simmons & Simmons (London)
The European Commission today published a Fact Sheet on Intellectual Property Rights Enforcement and a Communication setting out the EU’s approach to Standard Essential Patents (SEPs). In recognition of what it perceives as the strategic importance of SEPs and Europe’s need to grasp the enormous (...)

The Anti-monopoly Commission of China’s State Council releases a Draft for Comments of Anti-monopoly Guidelines on Abuse of Intellectual Property Rights
Global Law Office (Beijing)
I. Introduction On March 23, 2017, the Anti-monopoly Commission of China’s State Council released the Anti-monopoly Guidelines on Abuse of Intellectual Property Rights (Draft for Comments) (hereinafter referred to as the ’Draft’) on the official website of the Ministry of Commerce of China. The (...)

Public sector

The Advocate General Campos-Bordona proposes the EU Court of Justice to declare fines for clarification or supplementation of procurement documents as contrary to EU law only if disproportionate (Ma.t.i. Sud)
University of Bristol - Law School
AG suggests CJUE should declare fines for clarification or supplementation of procurement documents as contrary to EU law only if disproportionate (C-523/16)* In his Opinion of 15 November 2017 in case MA.T.I. SUD, C-523/16, EU:C:2017:868, Advocate General Campos Sánchez-Bordona has considered (...)

The EU General Court considers that excessive qualitative criteria in public procurement artificially narrow down competition (Jema Energy)
University of Bristol - Law School
Mixed views on General Court decision concerning claim of ’artificial narrowing of competition’ through too strict procurement selection requirements (T-668/15)* In its Judgment of 10 November 2017 in Jema Energy v Entreprise, T-668/15, EU:T:2017:796 (only available in Spanish and French), the (...)

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