1964

Anticompetitive practices

 The US Supreme Court finds agency relationship between a manufacturer and its distributors to be a sham amounting to Resale Price Maintenance (RPM) focusing on the competitive effects and the purpose behind the agreements (Simpson / Union Oil)
United First Partners (New York)
United States 11 contributions 7097 visits
Introduction Under the U.S. antitrust laws a manufacturer is free to set the prices at which it sells its own goods and is free to use intermediaries to facilitate the sales. When intermediaries come into the picture, however, one of the antitrust issues that may arise is whether, on the one (...)

The US Supreme Court finds a genuine agency relationship between a manufacturer and its distributors focusing on the form of consignment contracts and the parties’ actual practices (General Electric)
United First Partners (New York)
United States 11 contributions 7097 visits
Introduction Under the U.S. antitrust laws a manufacturer is free to set the prices at which it sells its own goods and is free to use intermediaries to facilitate the sales. When intermediaries come into the picture, however, one of the antitrust issues that may arise is whether, on the one (...)

State Aid

 The EU Court of Justice issues judgment on the enforcement of EU State aid laws in national courts in the event of inconsistencies with domestic Member State law (Costa / Enel)
Fenech & Fenech Advocates (Valletta)
Malta 5 contributions 325 visits
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Fenech & Fenech Advocates (Valletta)
Malta 3 contributions 236 visits
The landmark judgment of the European Court of Justice (the “ECJ”) in the names Flaminio Costa v. ENEL (Case 6/64) delivered on the 15th of July 1964, was the result of a preliminary reference made by the Giudice Conciliatore di Milano, Italy (the “Milan Court”) to the ECJ on the (...)