Selective Distribution

Foreword Merger remedies in the US: An overview of the leading cases

This Special Issue presents a collection of important U.S. federal antitrust merger remedies since 2000. For anyone trying to understand the U.S. approach to merger remedies, the guidance documents issued by the U.S. federal antitrust enforcement agencies, the Antitrust Division of the United States Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (each, an “Agency,” or collectively, the “Agencies”), are the right starting point. The Agencies, however, have recently called their own prior policies into question. New developments suggest that the Agencies may be less likely to accept remedies or will press for more robust protections. Therefore, it is important to actively monitor new developments in this dynamic environment.

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Shearman & Sterling (New York)
United States 22 contributions 8511 visits
Shearman & Sterling (Washington)
United States 5 contributions 1828 visits

Anticompetitive practices

 The EU Commission conducts an extensive review in which it analyses the practice of applying the current vertical block exemption regulation and determines the scope and character of guidance to be provided
Bird & Bird (Warsaw)
Poland 19 contributions 3061 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3061 visits
Online platforms and e-commerce have significantly changed the business environment since the current Vertical Block Exemption Regulation (“VBER”) was adopted. They have had a huge impact on the way business is conducted and on the behaviours of consumers who can switch within different online (...)

The EU Commission publishes a working document summarizing the findings of the evaluation phase of the review for the vertical block exemption regulation and its guidelines
Addleshaw Goddard (Paris)
France 39 contributions 44343 visits
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ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5497 visits
On 8 September 2020, the European Commission ("Commission") published a working document (the "Evaluation Report") summarising the findings of the evaluation phase of the review of the Vertical Block Exemption Regulation ("VBER") and the Guidelines on Vertical Restraints ("Vertical (...)

The Turkish Competition Authority grants no exemption to the envisaged selective distribution system of a pharmaceutical company (Johnson&Johnson)
ACTECON (Istanbul)
Turkey 2 contributions 458 visits
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Esin (Istanbul)
Turkey 3 contributions 995 visits
The Turkish Competition Board (“TCB“) has recently issued a no-go decision for the envisaged selective distribution system of Johnson&Johnson Sıh. Mal. San. ve Tic. Ltd. Şti. (“Johnson”). The decision concerns Johnson’s application before the Turkish Competition Authority (“TCA”) for an (...)

The Amsterdam Court of Appeal upholds the legality for non-luxury brands to ban resale on third-party platforms (Nike / Action Sport / Amazon)
Van Bael & Bellis (Brussels)
Belgique 174 contributions 58274 visites
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European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1982 visits
On 14 July 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between Nike European Operations Netherlands B.V. (“NEON”) and Action Sport SOC. COOP, A.R.L. (“Action Sport”), an Italian retailer of Nike’s sportswear, footwear and related products. The (...)

The Paris Court of Appeal upholds the dismissal of a French car repairers’ complaints against a car manufacturer’s alleged discrimination in determining membership of its authorised repair network (Hyundai)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8114 visits
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Van Bael & Bellis (Brussels)
Belgique 174 contributions 58274 visites
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Clifford Chance (Brussels)
Belgium 7 contributions 1379 visits
On 4 June 2020, the Competition Chamber of the Paris Court of Appeal (the “Court”) handed down a judgment dismissing the appeal filed by three car repairers (the “Claimants”) against a decision of the French Competition Authority (the “FCA”) to reject their complaint against Hyundai Motor (...)

The US FTC adds 6 State Attorneys General as co-complainants in a lawsuit against an anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim (Vyera Pharmaceuticals / Martin Shkreli / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
United States 179 contributions 42835 visits
Six More States Join FTC and NY Attorney General’s Case Against Vyera Pharmaceuticals, Martin Shkreli, and Other Defendants* Defendants engaged in anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim The Federal Trade Commission has (...)

The Spanish Competition Authority accepts commitments offered by a sports equipment manufacturer and retailer following a complaint on the imposition of restrictions in the distribution network (Adidas / LDC)
Ashurst (Madrid)
Spain 14 contributions 2357 visits
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Ashurst (Madrid)
Spain 7 contributions 954 visits
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Spanish Competition Authority (CNMC) (Madrid)
Spain 8 contributions 1480 visits
The CNMC has accepted commitments offered by Adidas Spain ("Adidas") and closed the investigation that had been initiated in November 2018, following a complaint lodged by BCINCOPE (an Adidas franchisee), for an alleged infringement of articles 1 SCA and 101 TFEU in the Spanish retail market (...)

The Spanish Competition Authority ends an infringement proceeding by adopting a commitment decision following a sports brand’s alleged anti-competitive conduct (Adidas / LDC)
Allen & Overy (Madrid)
Spain 1 contribution 323 visits
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CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3267 visits
Background On 6 February 2020, the Spanish Competition Authority (Comisión Nacional de los Mercados y la Competencia, hereinafter the “CNMC”) adopted a commitment decision to end the infringement proceedings (S/DC/0631/18) initiated in November 2018 against Adidas, S.A.U. (“Adidas”) for (...)

The Spanish Competition Authority accepts commitments by a sports brand in connection with contractual provisions applied within its selective distribution network (Adidas / LDC)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 47035 visites
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Latham & Watkins (Brussels)
Belgium 24 contributions 3347 visits
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22255 visites
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The CNMC has reached a commitments decision with Adidas regarding restrictive practices in the Spanish retail market for clothing and footwear contrary to Article 1 SCA. Adidas submitted commitments addressing the CNMC’s concerns regarding certain clauses in the retail sports clothing (...)

The EU Commission reiterates in a case regarding a film and TV production company its position that if a business allows for the non-exclusive licensing of its products in the EEA the licensor can no longer control the sale of the product (NBCUniversal)
Norton Rose Fulbright (Brussels)
Belgium 20 contributions 5667 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7413 visits
The European Commission has reiterated its position that if a business allows for the non-exclusive licensing of its products in the EEA, such licensor can no longer control where, to whom, and in what manner (online/off-line) the products can be sold within the EEA. On 30 January 2020, the (...)

The EU Commission imposes a €14.3 million fine on a film and TV production company for restricting sales of licensed film merchandise (NBCUniversal)
Allen & Overy (Brussels)
Belgium 28 contributions 3349 visits
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Bird & Bird (Brussels)
Belgium 42 contributions 12455 visits
On 30 January 2020, the Commission imposed a fine on NBCUniversal for the restriction of sales of film merchandise relating to Minions and Shrek, among others. In June 2017, the Commission opened investigations into the licensing deals entered into by Nike, Sanrio (Hello Kitty), and (...)

The EU Commission fines a film and TV production company for implementing territorial and online sale restrictions through merchandising license agreements (NBCUniversal)
SCHULTE RECHTSANWÄLTE. Rechtsanwaltsgesellschaft mbH
1 contribution 248 visits
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Liège University
Belgium 2 contributions 846 visits
On 30 January 2020, the European Commission (‘the Commission’) announced its decision to fine several film companies belonging to Comcast Corporation, including NBCUniversal LLC (‘Universal’), €14,327,000 for the implementation of territorial, consumer and online sales restrictions through (...)

The EU Commission imposes a €14.3 million fine on a film and TV production company for territorial and online sale restrictions of merchandising products (NBCUniversal)
Van Bael & Bellis (Brussels)
Belgique 174 contributions 58274 visites
On 30 January 2020, the European Commission (“Commission”) announced its decision to fine several companies belonging to Comcast Corporation, including NBCUniversal, € 14,327,000 for limiting the ability of licensees to sell licensed merchandising products to other EEA countries and (...)

The EU Commission fines a €14.3 million a film and TV production company for restricting intellectual property licensing (NBCUniversal)
Ashurst (Brussels)
Belgium 37 contributions 9243 visits
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ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5497 visits
On 30 January 2020 the European Commission ("Commission") fined NBCUniversal EUR 14,327,000 for restricting intellectual property licensees from selling licensed merchandise within the EEA to territories and customers beyond those allocated to them. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS (...)

The England & Wales Court of Appeal upholds the Competition Authority’s decision finding that a golf equipment supplier acted illegally by banning online sales of its products (Ping)
ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5497 visits
On 21 January 2020, the Court of Appeal of England and Wales handed down a judgment dismissing the appeal by Ping Europe Limited ("Ping") against a judgment of the Competition Appeal Tribunal ("CAT"), upholding the CMA’s 2017 decision that Ping’s online sales ban constituted a restriction of (...)

The England & Wales Court of Appeal rejects an appeal against a judgment of the CAT which upheld the Competition Authority’s decision finding the online sales ban of a company’s custom-fitted golf clubs to be an unjustified restriction (Ping)
Van Bael & Bellis (Brussels)
Belgique 174 contributions 58274 visites
On 21 January 2020, the UK Court of Appeal rejected an appeal brought by the golf club manufacturer Ping Europe Limited (“Ping”) against the 2018 judgment of the Competition Appeal Tribunal (“CAT”), which upheld the Competition and Markets Authority’s (“CMA”) 2017 decision finding Ping’s (...)

The Paris Court of Appeal confirms the decision of the Competition Authority sanctioning a leader in garden machinery who imposed clauses restricting online sales on its distribution network (Stihl)
Addleshaw Goddard (Paris)
France 39 contributions 44343 visits
The Court of appeal of Paris has confirmed the decision of the French Competition Authority ("FCA") sanctioning Stihl, a manufacturer of mechanical garden equipment, for prohibiting, between 2006 and 2017, the sale of certain dangerous products on its distributors’ websites. The Court of (...)

The Ukrainian Competition Authority imposes a record-breaking fine totaling € 245.3 million on tobacco companies and their sole distributor for concerted practices (Tedis)
Redcliffe Partners (Kyiv)
Ukraine 1 contribution 301 visits
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Redcliffe Partners (Kyiv)
Ukraine 9 contributions 9551 visits
In October 2019, the Antimonopoly Committee of Ukraine (the "AMC") imposed a record fine on the Ukrainian subsidiaries of four leading international tobacco producers, namely Philip Morris, JTI, Imperial Tobacco and British American Tobacco (the "Tobacco Companies"), and (...)

The Swiss Competition Authority fines a manufacturer of sports products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2542 visits
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit (...)

The Paris Court of Appeal rules that a car supplier is free to terminate a selective car distribution contract with a distributor despite meeting the selection criteria (Garage Richard Drevet / Hyundai)
Van Bael & Bellis (Brussels)
Belgique 174 contributions 58274 visites
On 31 July 2019, the Paris Court of Appeal (the “Court”) ruled that Hyundai did not discriminate against retailer Garage Richard Drevet by terminating its car distribution contract. The Court essentially ruled that each car supplier is free to determine whether to grant access to its selective (...)

The French Competition Authority fines a bicycle manufacturer €250.000 for online sale restrictions (Bikeurope / Trek Bicycle)
Van Bael & Bellis (Brussels)
Belgique 174 contributions 58274 visites
On 1 July 2019, the French Competition Authority (“FCA”) imposed a fine of € 250,000 on Trek Bicycle Corporation and its subsidiary Bikeurope B.V. (together “Bikeurope”) for having prohibited its authorised retailers from selling its bicycles online from 2007 to 2014, a restriction by object (...)

The French Competition Authority dismisses the complaint filed by several garage owners against an automobile constructor (Hyundai)
Autorité de la concurrence (Paris)
France 747 contributions 408020 visites
Automotive aftermarket* The Autorité de la concurrence dismisses the complaint filed by several garage owners against Hyundai The complaint filed by the garage owners Three car garages referred a case to the Autorité de la concurrence regarding practices that would have been implemented (...)

The Paris Court of Appeal confirms that a supplier heading a purely qualitative selective distribution network can refuse a distributor that meets all of the network’s selection criteria if the refusal has no anticompetitive object or effect (Mazda / Palau)
Delcade Avocats & Solicitors (Paris)
France 11 contributions 7040 visits
In its Mazda ruling of 23 January 2019, the Court of Appeal ("Cour d’Appel") of Paris confirms a developing French case law under which a supplier heading a purely qualitative selective distribution network can refuse to authorize a distributor meeting all the network’s selection criteria, (...)

The Indian Competition Authority dismisses allegations of resale price maintenance against a manufacturer and seller of kitchen appliances due to a lack of witnesses and manufacturers’ distribution rights (Jasper Infotech / Kaff Appliances)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42868 visites
CCI finds no evidence of resale price maintenance on sale of KAFF appliances on Snapdeal* CCI, by way of order dated 15.01.2019 under Section 26(6) the Act, has dismissed allegations of Resale Price Maintenance (“RPM”) against Kaff Appliances (India) Pvt. Ltd. ( “KAFF/ OP”).The information (...)

The Paris Court of Appeal specifies that a manufacturer in the electronic product market has the right to deny access to its selective distribution network to an applicant distributor (Concurrence / Sony)
Freshfields Bruckhaus Deringer (Paris)
France 2 contributions 1855 visits
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Osborne Clarke (Paris)
France 5 contributions 5298 visits
This case concerned a consumer electronics manufacturer and a distributor between whom the relationship was particularly conflicting. A large number of commercial disputes were brought before the courts by the distributor to obtain the right to distribute the manufacturer’s products. Even (...)

The French Competition Authority fines a manufacturer for preventing its authorized distributors from selling its products online by implementing the Coty ruling (Stihl)
French Competition Authority (Paris)
France 747 contributions 408004 visits
Online retail of outdoor power equipment* The Autorité de la concurrence fines the manufacturer Stihl 7 million euros for having prevented its authorized distributors from selling its products online Background Following an investigative report from the DGCCRF, the Autorité de la (...)

The French Competition Authority imposes a fine of €7 million on an outdoor power tool manufacturer for de facto online sales restrictions (Stihl)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
On 24 October 2018, the French competition authority (the “FCA”) fined Stihl, a German manufacturer of outdoor power tools, € 7 million for, in effect, prohibiting online sales of chainsaws, brush cutters, pole saws and electric pruners. Stihl operated a selective distribution system, under (...)

The UK Competition Appeal Tribunal dismisses the appeal brought by a manufacturer of golf equipment on the liability of anticompetitive practices but permits a small reduction of the fine (Ping)
MemeryCrystal (London)
United States 12 contributions 3023 visits
UK LANDMARK COMPETITION CASE CONDEMNS ABSOLUTE INTERNET SALE BAN AS A SERIOUS BREACH OF COMPETITION LAW* Introduction The Competition Appeal Tribunal (“CAT”) handed down its judgment on 7 September 2018 in relation to an appeal by Ping Europe Limited (“Ping”) challenging the decision of (...)

The Frankfurt Higher Regional Court finds that a luxury perfume provider can prohibit unauthorized distribution over third-party websites (Coty Germany / Parfümerie Akzente)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7975 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68321 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7412 visits
This judgment of the Higher Regional Court of Frankfurt/Main of 12 July 2018 applying the preliminary ruling of the CJEU of 6 December 2017 in the case Coty Germany GmbH v Parfümerie Akzente GmbH will reassure manufacturers of luxury products that they can protect such products from (...)

The Hamburg Higher Regional Court finds that a ban on selling products through online platforms can be justified if its objective is to preserve product image and ensure personal consultation with customers in the light of the Coty judgment (Aloe2Go)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7975 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68321 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7412 visits
The Higher Regional Court of Hamburg had the opportunity to establish a position regarding potential restrictions of competition in selective distribution arising out of bans on selling products through eBay and similar platforms. The Higher Regional Court referred to recent case law of the (...)

The Dusseldorf Higher Regional Court finds that sellers of high-quality cosmetics cannot invoke exhaustion of rights under the EU Trademark Regulation if they have not presented the products in a way that avoids impairment of the brand’s reputation (Kanebo)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7975 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68321 visites
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7412 visits
The Higher Regional Court of Düsseldorf decided that neither online nor offline sellers can invoke exhaustion of rights under Article 15(1) of the EU trademark regulation if they sell high-quality, prestigious cosmetic products without appropriate presentation to avoid impairment of (...)

The Turkish Competition Authority clarifies that restricting whole internet sales in a selective distribution system exceeds the objective of preventing online sales by non-authorized resellers (Jotun Boya Sanayi / Ticaret AŞhad)
Turkish Competition Authority (Ankara)
Turkey 1 contribution 195 visits
This case note analyses the Turkish Competition Board’s (Board) JOTUN decision dated 15.02.2018 with No.18-05/74-40; regarding the prohibition of Internet Sales in selective distribution system. In the recently published reasoned decision of JOTUN case, it is stated that in the selective (...)

The German Federal Court of Justice confirms that a general prohibition for retailers to use price comparison engines is illegal (Asics)
German Competition Authority (Bonn)
Germany 457 contributions 116277 visits
ASICS dealers allowed to use price comparison engines - Federal Court of Justice confirms Bundeskartellamt’s decision* In its decision of 12 December, 2017, published on 19 January, 2018, the Federal Court of Justice decided that ASICS may not forbid its dealers from using price comparison (...)

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 / Parfümerie Akzente)
Hogan Lovells (Munich)
Allemagne 65 contributions 25471 visites
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 2837 visits
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 (...)

The EU Court of Justice prohibits the members of a purely quantitative selective distribution system to sell contractual products on Internet platforms which may have an impact on Asian jurisdictions (Coty Germany / Parfümerie Akzente)
Delcade Avocats & Solicitors (Paris)
France 11 contributions 7040 visits
Introduction In its Coty Germany ruling of 6 December 2017, the European Court of Justice (hereafter the “ECJ”) decided that forbidding the members of a purely qualitative selective distribution network of luxury products to sell those products on Internet platforms does not infringe the (...)

The EU Court of Justice rules in favour of restrictions on the use of platforms in a selective distribution system (Coty Germany / Parfümerie Akzente)
King’s College (London)
United Kingdom 13 contributions 9429 visits
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Willkie Farr & Gallagher (Brussels)
Belgium 4 contributions 2730 visits
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Solarisbank AG (Berlin)
3 contributions 1517 visits
This article considers how much the Coty Ruling has shed light on the extent to which a manufacturer can restrict the sales of its products over online platforms, especially in the wake of the recent German Case involving ASICS and basic principles developed at EU level to assess obligations (...)

The EU Court of Justice rules that suppliers may prohibit the sales of their products via third-party online platforms to preserve the luxury image of their goods (Coty Germany / Parfümerie Akzente)
Freshfields Bruckhaus Deringer (London)
United Kingdom 11 contributions 36325 visits
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Freshfields Bruckhaus Deringer (Berlin)
Germany 31 contributions 121272 visits
The Court of Justice of the European Union (CJEU) has ruled on 6 December 2017 that suppliers may prohibit the sales of their products via third-party online platforms such as Amazon or eBay to preserve the luxury image of their goods . Such restrictions do not infringe the EU prohibition on (...)

The EU Court of Justice rules that companies may restrict online distribution of luxury goods under certain conditions (Coty Germany / Parfümerie Akzente)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 47034 visites
Coty Germany sells luxury cosmetic goods in Germany through a selective distribution network Under Coty Germany’s selective distribution system, shops of authorised distributors must comply with a number of requirements (setting, decoration and furnishing). Authorised distributors can sell the (...)

The EU Advocate General Wahl holds that suppliers of luxury goods may prohibit their authorized retailers from selling their goods via third-party internet platforms (Coty Germany)
De Gaulle, Fleurance & Associés (Paris)
France 4 contributions 562 visits
Advocate General Wahl Delivers Opinion on Legality of Bans on Online Sales via Third-Party Platforms in Selective Distribution Systems* According to Advocate General Nils Wahl’s opinion, delivered on July 26, in the Court of Justice of the European Union’s (CJEU) case Coty Germany GmbH v (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against two film producers and two digital cinema service providers (K Sera Sera Digital Cinema / Pen India)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42868 visites
CCI closes case against the producers and presenters of ‘Kahaani-2’ with respect to alleged anticompetitive agreement* CCI vide its order dated June 21, 2017dismissed allegations of contravention of Section 3 and 4 of the Act against Pen India Ltd., Bound Script Motion Pictures Pvt. Ltd., (...)

The Dusseldorf Higher Regional Court confirms that a general prohibition for retailers to use price comparison engines violates competition law (Asics)
German Competition Authority (Bonn)
Germany 457 contributions 116277 visits
Düsseldorf Higher Regional Court confirms Bundeskartellamt’s decision on prohibition of use of price comparison engines* Yesterday the Düsseldorf Higher Regional Court confirmed the Bundeskartellamt’s decision of principle against the running shoes manufacturer Asics. According to the (...)

The Bulgarian Supreme Administrative Court inflicts a record fine for prohibited vertical agreements within a selective distribution system of cars (Hyundai)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4121 visits
After almost a 4-year appeal procedure, in December 2016 the Supreme Administrative Court of the Republic of Bulgaria (the “Supreme Court”), acting as a court of first instance, confirmed one of the biggest fines ever imposed by the Bulgarian Commission for Protection of Competition (the (...)

The Spanish Competition Authority declares exempt retail price maintenance practices by a cosmetics laboratory on the basis of the de minimis principle (Laboratorio Martí Tor)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3267 visits
The Spanish Competition Authority (“SCA”) has considered in a decision dated 15 December 2016 that certain retail price maintenance (“RPM”) practices carried out by cosmetic laboratory Martí Tor was not capable of significantly affecting competition, and thereby, of infringing Article 1 of the (...)

The Turkish Competition Authority decides that recommending the use of a certain engine oil brand in authorised service centres does not amount to a vertical restraint (Castrol / Dogus Oto)
Ankara Hacı Bayram Veli University
Turkey 31 contributions 12104 visits
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that recommending the use of only Castrol branded engine oils in service centres authorised by Volkswagen and Dogus Oto, coupled with the practice of voiding the manufacturer’s warranty for (...)

The UK Competition Authority issues a statement of objections to a golf equipment manufacturer for banning the sale of its golf clubs online (Ping)
McDermott Will & Emery (Paris)
France 136 contributions 68321 visites
ONLINE SALES RESTRICTIONS REMAIN A HOT TOPIC: UK CMA ISSUES STATEMENT OF OBJECTIONS* On 9 June 2016, the UK’s Competition and Markets Authority (CMA) issued a statement of objections (SO) to Ping Europe Limited (Ping), a golf equipment manufacturer, alleging that Ping had breached EU and UK (...)

The Slovenian Competition Authority accepts commitments from a motor vehicles distributor and 20 authorised service shops over misleading information for consumers regarding the warranty of the vehicles (Hyundai)
Fatur Menard (Ljubljana)
Slovenia 20 contributions 53720 visits
Introduction On 5 May 2016 the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) adopted a decision that renders legally binding the commitments offered by Hyundai Avto trade d.o.o. (hereinafter referred to as HAT), an authorised distributor of Hyundai motor (...)

The Frankfurt Higher Regional Court holds that manufacturers of branded goods are entitled to prohibit authorised retailers in selective distribution agreements from distributing their goods via third-party online platforms (Markenrucksäcke / Branded Backpacks)
Hogan Lovells (Munich)
Allemagne 65 contributions 25471 visites
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 2837 visits
I. The Facts The parties argue in a civil law proceeding whether a manufacturer could make the supply of goods to an authorised distributor in a selective distribution system subject to a contractual obligation not to resell goods via online sales platforms such as Amazon and advertise them (...)

The Frankfurt Higher Regional Court rules on restrictions imposed on the use of online platforms and price comparison websites in a selective distribution system (Deuter)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
On 22 December 2015, the Higher Regional Court of Frankfurt (the “Court”) issued a ruling on appeal concerning the selective distribution system of Deuter, a producer of quality backpacks. The Court assessed two restrictions imposed by Deuter on the resellers belonging to its selective (...)

The German Competition Authority condemns a manufacturer of running shoes for restricting the online sale activities of small and medium-sized authorised dealers (Asics)
German Competition Authority (Bonn)
Germany 457 contributions 116277 visits
Unlawful restriction of online sales of ASICS running shoes* The Bundeskartellamt has concluded its proceeding on anti-competitive clauses in the distribution system of ASICS Deutschland. The authority accuses ASICS of having restricted the online sales activities of small and medium-sized (...)

The Polish Competition Authority accepts commitments concerning the online sales of prams and strollers (Emmaljunga)
Hansberry Tomkiel (Warsaw)
Poland 6 contributions 1172 visits
In its decision no RGD 2/2015 of 30th June 2015 (the “Decision”), the Polish Office for Competition and Consumer Protection (“Competition Authority”) accepted commitments proposed by the Poland-based company “Investment Trading Consulting” (“Company”), Polish exclusive distributor of prams and (...)

The Cyprus Competition Authority fines a car manufacturer and its local distributor for a vertical agreement regarding spare parts (Daimler)
Harris Kyriakides (Cyprus)
Cyprus 2 contributions 838 visits
The Commission for the Protection of Competition in Cyprus (Commission) has issued its decision on the CIC-Daimler AG case, imposing a record aggregate fine of €20.7 million on Cyprus Import Corporation Ltd and Daimler AG, on grounds related to infringements of Article 3(1)(b) of the (...)

The Cyprus Competition Authority heavily fines an anticompetitive agreement considering the seriousness of the infringement and its duration in the spare parts market (Daimler)
Elias Neocleous (Limassol)
Cyprus 12 contributions 1682 visits
Factual background The case concerned two companies namely Kapodistrias and Kyros who were active in the import, purchase, supply and resale of original spare parts for Mercedes-Benz vehicles, which were supplied by dealers and suppliers from abroad. Kyros and Kapodistrias claimed that, (...)

The Slovak Competition Authority publishes a working draft of its views on vertical competition issues
Diwok Hermann Petsche (Baker McKenzie Vienna)
Austria 7 contributions 2341 visits
Introduction The Competition Authority of Slovakia ("SCA") published on 4 February 2015 a working draft of the Standpoint on Vertical Agreements ("Standpoint") and invited the relevant public to discuss the main ideas outlined in the Standpoint. The Standpoint has been published in the (...)

The German Competition Authority closes proceedings against a sports shoe company after it amends its conditions for online sales in such a way that they comply with competition law (Adidas)
German Competition Authority (Bonn)
Germany 457 contributions 116277 visits
Adidas abandons ban on sales via online market places* The Bundeskartellamt has closed its proceedings against adidas AG (adidas) after the company amended its conditions for online sales in such a way that they comply with competition law. Adidas operates a selective distribution system (...)

The Higher Regional Court of Frankfurt condemns a general ban on sales over third party Internet platforms and the use of price comparison sites (Deuter)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72535 visits
According to a recently published judgment of the lower regional court of Frankfurt (the “Court”) of 18 June 2014, a general ban on sales by distributors over third party Internet platforms and a prohibition on the use of price-comparison sites constitutes a hardcore restriction of competition (...)

The German Competition Authority finds that a selective distribution system which allows for the sale of running shoes to final customers only via authorised dealers poses a number of serious restraints to competition (Asics)
German Competition Authority (Bonn)
Germany 457 contributions 116277 visits
Bundeskartellamt takes a critical view of restriction of online distribution by ASICS* After a preliminary examination the Bundeskartellamt has found that the selective distribution system of ASICS Deutschland, which allows for the sale of running shoes to final customers only via authorised (...)

The German Competition Authority investigates an absolute prohibition to use online marketplaces and price comparison engines imposed on the dealers by a supplier of sports goods (Asics)
Ashurst (Milan)
Italy 103 contributions 30050 visits
Bundeskartellamt raises objections against ASICS’s restrictions of online sale* On 24 April 2014 the Bundeskartellamt issued a press release stating that, based on preliminary investigation, it has found that ASICS Deutscheland’s selective distribution system restricts competition among its (...)

Unilateral Practices

 The Belgian Competition Authority investigates a cosmetic company for its imposition of a maximum discount level on its network of selective distributors (Caudalie)
Belgian Competition Authority (Brussels)
Belgium 119 contributions 24099 visits
The Investigation and Prosecution Service of the Belgian Competition Authority has submitted a motivated proposal for decision in a case concerning the imposition by Caudalie of a maximum discount level on its network of selective distributors* On 20 November 2020, the Investigation and (...)

The Russian Competition Authority confirms that a pharmaceutical company with a dominant position in the wholesale of certain generics has ceased its problematic behavior and has signed a contract for medicine supply (Ipsen / Biotek)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56720 visits
Ipsen Company Comply With the Warning of the FAS Russia* Pharmaceutical company made required amendments to the Commercial policy and signed a contract with a distributor to supply their products FAS Russia received a notification of the Ipsen LLC that the company ceased the actions that (...)

The Russian Competition Authority investigates whether a pharmaceutical company with a dominant position in the wholesale of certain generics unreasonably refused to conclude a contract for medicine supply (Ipsen / Biotek)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56720 visits
FAS Russia: Ipsen Unreasonably Refused Biotek to Conclude Contract for Medicine Supply* In order not to enter into a contract with a counterparty the pharmaceutical company has repeatedly changed its commercial policy during the review of the distributor’s application. The FAS Russia (...)

The Paris Court of Appeal orders obligations imposed on a retailer by the Competition Authority to be suspended until it has ruled on its appeal against the infringement decision (Stihl)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94710 visits
On 23 January 2019, the Paris Court of Appeal ordered the suspension of the obligations imposed by the French Competition Authority on STIHL in its decision of 24 October 2018 (the “Decision”). This order requiring the suspension (the “Order”) is to remain in effect until the Court rules on (...)

The Paris Court of Appeal fines an online platform for selling products without being part of the selective distribution network of the producer (Coty / Showroomprive.com)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
On 28 February 2018, the Paris Court of Appeal (the “Court”) released its judgment in an appeal related to a dispute between Coty France (“Coty”), a producer of branded luxury cosmetics including, in particular, perfumes, and Showroomprive.com, an online platform specialised in the sales of (...)

The EU Court of Justice prohibits selective distributors from selling luxury products on third-party online platforms (Coty Germany / Parfümerie Akzente)
Kyriakides Georgopoulos (Athens)
Greece 62 contributions 2435 visits
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Zepos & Yannopoulos (Athens)
Greece 28 contributions 974 visits
On 6 December 2017, the Court of Justice of the European Union handed down its Judgment on the awaited Coty Germany v Akzente case. The case concerned whether a supplier of luxury cosmetics, operating a selective distribution system for its products, may validly prohibit its authorized (...)

The Italian Competition Authority finds an abuse of dominant position in the single-wrapped ice cream market (Unilever Italia)
Municipality of Cagliari
168 contributions 134098 visits
In the recent Unilever/Distribuzione Gelati case, the Italian Competition Authority (ICA) has dealt with the issue whether the commercial policies of the leading player in the ice cream impulse sector breached 102 TFEU. The conduct of the dominant firm, Unilever, consisted in a number of (...)

The Indian Competition Authority dismisses allegations of abuse of a dominant position against the largest national energy conglomerate (Tata Power Delhi Distribution / NTPC)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42868 visites
CCI dismisses allegations of abuse of dominance against NTPC -India’s largest energy conglomerate* The CCI vide its order dated 12.10.2017 has dismissed allegation of abuse of dominance and anti-competitive conduct against NTPC Limited, India’s largest public electricity generator (the (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a pharmaceutical manufacturer due to lack of evidence of dominance (Sanofi)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42868 visites
CCI closes allegation of abuse of dominance against Sanofi* CCI vide its order dated July 19, 2017 has closed an allegation of abuse of dominant position against Sanofi India Limited (Sanofi). The Informant in the case sought confidentiality of his identity and hence was not named. The (...)

The Chinese NDRC fines a healthcare company for price-fixing for 4% of its sales revenue on cardiovascular and diabetes medical device products in China (Medtronic)
University of Melbourne
Australia 103 contributions 29667 visits
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Hogan Lovells (Beijing)
China 81 contributions 20820 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26620 visits
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On 7 December 2016, the NDRC announced that it had investigated and fined Medtronic for engaging in RPM in breach of the AML. The NDRC found that, since 2014, Medtronic had agreed with its distributors to limit the resale, tender, and minimum prices of its cardiovascular, restorative (...)

The EU Court of Justice finds that a luxury goods supplier may prevent its authorized retailers from using third-party platforms to sell its products to preserve the products’ luxury image (Coty Germany / Parfümerie Akzente)
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 23200 visits
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European Commission - DG COMP (Brussels)
Belgium 4 contributions 4441 visits
On 6 December 2017, the Court of Justice of European Union (CJEU) issued its long-awaited Judgment in Coty Germany GmbH v Parfümerie Akzente GmbH. Taking an approach similar to that adopted by Advocate General (AG) Wahl in his Opinion in July, the CJEU found that a supplier of luxury goods may (...)

Procedures

 The UK Competition Appeal Tribunal hands down its judgement upholding the Competition Authority’s decision that an online sales ban constituted a restriction of competition by object (Ping)
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9502 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 3684 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 73587 visits
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On 7 September 2018, the Competition Appeal Tribunal ("CAT") handed down its judgment in Ping upholding the Competition and Market Authority ("CMA")’s decision that Ping’s online sales ban ("OSB") constituted a restriction of competition by object under EU and UK competition law. The aim of (...)

The EU Court of Justice hands down an anticipated judgment in the luxury goods sector regarding the possibility to restrict sales on third party online platforms that are outside of the selective distribution network (Coty Germany / Parfümerie Akzente)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
On 6 December 2017, the Court of Justice of the European Union (the ECJ or the Court) handed down its eagerly anticipated judgment in Coty (C-230/16). In general, the ECJ closely follows the opinion of Advocate General Wahl (AG Wahl), published on 26 July 2016, in essentially holding that: (...)

The French Supreme Court refers a case regarding an online sales ban back to the Paris Court of Appeal without waiting for an upcoming ruling of the EU Court of Justice on a similar case (Caudalie / eNova Santé)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
On 13 September 2017, the French Supreme Court ordered the Paris Court of Appeal to rehear a case for failing to sufficiently substantiate its finding that an obligation in Caudalie’s selective distribution system constituted a probable restriction of competition by object. In the selective (...)

The Bulgarian Supreme Administrative Court confirms a fine of over €8 million for several hard-core vertical restrictions (Hyundai)
Dimitrov, Petrov & Co (Sofia)
Bulgaria 2 contributions 881 visits
Bulgaria: First-instance court confirms a fine of over € 8 mln on the distributor of Hyundai in Bulgaria for several hard-core vertical restrictions* At the very end of 2016, the Bulgarian Supreme Administrative Court in its first-instance 3-member panel, confirmed one of the highest fines (...)

The Austrian Supreme Court of Justice increases the fine against a food retailer after upholding an earlier finding of illegal pricing agreements relating to dairy products (Spar)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
On 8 October 2015, the Austrian Supreme Court of Justice (the “Supreme Court”) increased the fine against Spar, a food retailer, from € 3 million to € 30 million after upholding an earlier finding of illegal pricing agreements relating to dairy products. On 26 November 2014, the Higher (...)

The Paris Court of Appeal reduces by almost 99 percent the penalty imposed by the French Competition Authority on a manufacturer for prohibiting the sale of its products online to the members of its selective distribution network (Bang & Olufsen)
Aptar (Paris)
France 4 contributions 1489 visits
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Dechert (Paris)
France 8 contributions 9333 visits
In its judgment of March 13, 2014, the Paris Court of appeal (Court of Appeal) reduced by almost 99 per cent the penalty imposed by the French Competition Authority (FCA) on Bang & Olufsen (B&O) in its decision of December 12, 2012 (Decision) for having, since 2001, prohibited the (...)

General antitrust

 The EU Commission releases its final report on its two-year inquiry into the e-commerce sector
Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 1387 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 11 contributions 36325 visits
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Barclays (London)
United Kingdom 3 contributions 780 visits
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On 10 May 2017, the European Commission (Commission) released the final report on its two-year inquiry into the e-commerce sector (the Report). This Report presents the Commission’s definitive findings, taking account of comments received on its preliminary report of September 2016 and its (...)

The EU Commission publishes its final report following its e-commerce sector inquiry as part of a larger digital market strategy that aims to achieve better access for consumers and businesses to online goods and services
Herbert Smith Freehills (London)
United Kingdom 14 contributions 3048 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 3684 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 73587 visits
On 10 May 2017 the EU Commission published its final report in the e-commerce sector inquiry launched in May 2015 as part of a wider Digital Market Strategy which aims to achieve better access for consumers and businesses to online goods and services across the EU. The aim of the sector (...)

The EU Commission publishes its final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a (...)

The EU Commission publishes the initial findings of its e-commerce sector inquiry
White & Case (Brussels)
Belgium 35 contributions 13478 visits
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Hogan Lovells (Brussels)
Belgique 21 contributions 8913 visites
European Commission’s e-commerce sector inquiry - increasing anti-trust heat* Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. On 15 September 2016, the European Commission published a detailed 290 page (...)

The EU Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
Poland 2 contributions 4200 visits
On 15 September 2016, the European Commission published a preliminary report on its initial findings in the e-commerce sector inquiry, aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. This development follows the Commission’s (...)

The EU Commission publishes a preliminary report on its e-commerce sector inquiry
Hausfeld (New York)
États-Unis 12 contributions 2987 visites
On September 15, 2016, the European Commission (“Commission”) published a Preliminary Report on its E-Commerce Sector Inquiry (“Preliminary Report”), presenting the outcome of over 1.800 responses received from manufacturers, retailers, e-commerce marketplaces, price comparison tools, payment (...)

The EU Commission publishes a preliminary report on its e-commerce sector inquiry and identifies a number of business practices believed to be restricting competition in online trade for consumer goods and digital content
UK Competition & Markets Authority - CMA (London)
United Kingdom 1 contribution 105 visits
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Morrison & Foerster (London)
United Kingdom 4 contributions 2118 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 12 contributions 2094 visits
On 15th September, the European Commission published the preliminary report on its e-commerce sector inquiry. The Commission has identified a number of business practices which it believes may restrict competition in online trade for consumer goods and digital content. It has warned of (...)