Vertical restrictions and e-commerce

Foreword Vertical Restrictions & e-Commerce: An overview of EU and national case law

Vertical restrictions are one of the most complex and debated themes within competition law enforcement. From an economic perspective, vertical restrictions have a variety of effects that are not always fully captured by textbook economic models. From a legal perspective, different jurisdictions have taken divergent approaches in the way they assess and treat vertical restrictions. While these differences are most noticeable between the EU and the US, national competition authorities within the EU have also taken substantially different positions concerning similar or identical categories of vertical restrictions.

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The Brattle Group (Brussels)
Belgium 3 contributions 2443 visits
MOL Group (Budapest)
Hungary 1 contribution 1252 visits

Anticompetitive practices

 The Japanese FTC investigates hotel reservations company for restriction of competition (Bookings.com)
Japan Fair Trade Commission (Tokyo)
Japan 132 contributions 23862 visits
Approval of the Commitment Plan submitted by Booking.com B.V.* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Booking.com B.V. in accordance with the provisions of the Antimonopoly Act (hereinafter referred to simply as the “Act”), and suspected that (...)

The Italian Competition Authority closes with a commitment decision an investigation into a resale price maintenance arrangement affecting the market for nutritional supplements (Sofar / Fornitura Integratori Alimentari)
Municipality of Cagliari
166 contributions 132929 visits
By its decision recently rendered in the Sofar/Fornitura Integratori Alimentari case the Italian Competition Authority (ICA) considered the lawfulness of the conducts of a supplier imposing minimum resale prices for the probiotic nutritional supplements. Pursuant to Article 14-ter of the (...)

The Italian Competition Authority imposes fines totalling €203M on two Big Tech companies for discriminatorily selecting re-sellers of one company’s products on the other company’s e-commerce platform (Apple / Beats)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56516 visits
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Van Bael & Bellis (Brussels)
Belgium 38 contributions 9473 visits
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Van Bael & Bellis (Brussels)
Belgium 29 contributions 5198 visits
On 16 November 2021, the Italian Competition Authority (“ICA”) imposed a fine of € 68.7 million on Amazon and € 134.5 million on Apple for infringing Article 101 Treaty on the Functioning of the European Union (“TFEU”) with regard to the distribution of Apple products over Amazon Marketplace (...)

The French Competition Authority accepts a price discount system for commitments intended to protect pure players (Lego)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3334 visits
On 27 January 2021, the French Competition Authority (“FCA”) accepted the commitments offered by Lego France (“Lego”) after an investigation into the alleged bias towards brick-and-mortar stores resulting from Lego’s functional discount scheme. In order to resolve the case, the toy (...)

The EU Commission fines a PC gaming platform operator and five video game publishers €7.8 million for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
Baker McKenzie (Brussels)
Belgium 10 contributions 1990 visits
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Van Bael & Bellis (Brussels)
Belgium 173 contributions 56516 visits
On 20 January 2021, the European Commission (the “Commission”) announced that it had fined the US company Valve, owner of the popular online PC gaming platform “Steam” (“Steam”), and five publishers of video games (Capcom, Bandai Namco, Koch Media, Focus Home Interactive and ZeniMax Media) a (...)

The EU Commission fines a PC gaming platform and its publishers for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
European Commission
Belgium 2 contributions 831 visits
On January 20, 2021, the European Commission (“Commission”) fined Valve and PC video games publishers €7.8 million for restricting cross-border sales of PC video games within the EEA. Video games publishers requested Valve, owner of the PC video gaming platform Steam, to provide geo-blocked (...)

The Italian Competition Authority renders two decisions in the context of the geo-blocking regulation (PV7 / Telepass / Addebiti) (PV9 / Enel)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5443 visits
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Bird & Bird (Rome)
Italy 19 contributions 4082 visits
The Geo-blocking Regulation came into force on 22 March 2018. It provides that the Member States shall lay down the rules setting out the measures applicable to infringements of the Geo-blocking Regulation and the enforcement of these provisions falls within the jurisdiction of national (...)

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)
Belgium 173 contributions 56516 visits
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European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1942 visites
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 French Competition Authority fines a Big Tech company a record €1B and its wholesalers €139M for a series of vertical restrictions within the distribution network and abuse of economic dependence (Apple / Tech Data / Ingram Micro)
AD LEGAL (Paris)
France 1 contribution 428 visits
In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the (...)

The French Competition Authority issues a fine of €1.1B on a Big Tech company and €139M on two of its wholesalers for having implemented vertical agreements with some of its distributors and for abuse of economic dependency against its independent premium resellers (Apple / Tech Data / Ingram Micro)
Addleshaw Goddard (Paris)
France 39 contributions 44061 visits
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University of Paris I Panthéon-Sorbonne
France 396 contributions 454114 visits
On 16 March 2020, the French Competition Authority ("FCA") announced that it had fined Apple EUR1.1 billion, the highest fine ever imposed to an undertaking, for having implemented vertical agreements with certain of its distributors and an abuse of economic dependency against its independent (...)

The Spanish Supreme Court rules that ride-hailing services do not restrict competition and the restrictions imposed on them are unjustified and disproportionate (VTCs)
Ecija & Asociados (Madrid)
Spain 20 contributions 2163 visits
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Bird & Bird (Madrid)
Spain 29 contributions 4673 visits
The ongoing conflict between ride-hailing services (known in Spain as "VTCs"), such as Uber, and the taxi sector has led to a new ruling from the Spanish Supreme Court that confirms the view of the Spanish Competition Authority (the "CNMC") that the restrictions imposed on the VTCs are (...)

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)
Spain 170 contributions 46139 visits
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Latham & Watkins (Brussels)
Belgique 24 contributions 3210 visites
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22006 visits
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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 Spanish Competition Authority ends an infringement proceeding by adopting a commitment decision following a sports brand’s alleged anti-competitive conduct (Adidas / LDC)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 1 contribution 316 visits
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CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3220 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 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 5541 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7011 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 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 244 visits
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Liège University
Belgium 2 contributions 836 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)
Belgium 173 contributions 56516 visits
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 UK 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)
Belgium 173 contributions 56516 visits
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 UK 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 Kingdom 29 contributions 5362 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 Swedish Competition Authority issues a preliminary injunction against the use of exclusivity provisions in vertical agreements by the owner of a training aggregator app (Bruce)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56516 visits
On 5 December 2019, the Swedish Competition Authority (“SCA”) issued a preliminary injunction against IM WITH BRUCE (“Bruce”), the owner of a so-called “training aggregator” app which offers subscribers access to a variety of fitness studios, prohibiting Bruce from using exclusivity provisions (...)

The Hungarian Competition Authority fines alarm system distributors over €1.5 million for anticompetitive agreements (Paradox)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56516 visits
The Hungarian Competition Authority (“GVH”) fined a supplier of security alarm systems, Paradox Security Systems (“Paradox”), registered in the Bahamas, and two of its Hungarian distributors, Power Biztonságtechnikai Kereskedelmi Kft (“Power”) and Trióda Biztonságtechnika Zrt (“Trióda”), (...)

The Czech Competition Authority rejects the appeal brought by an online travel agency company and confirms the fine imposed for entering into prohibited vertical agreements (Booking.com)
Dentons (Prague)
Czech Republic 5 contributions 633 visits
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Bird & Bird (Prague)
République tchèque 25 contributions 4314 visites
Petr Rafaj, the Chairman of the Office for the Protection of Competition, rejected, by his final decision, the appeal brought by the company Booking.com B.V. ("Booking.com") and confirmed the fine amounting to CZK 8,336,000 imposed on the company for entering into prohibited vertical (...)

The Indian Competition Authority orders an investigation against online travel agencies for possible abuse of dominance and for imposing vertical restrictions (Federation of Hotel & Restaurant Associations of India / MMT-Go)
Karkinos Healthcare (Mumbai)
8 contributions 6370 visits
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Trilegal (Bangalore)
India 5 contributions 3659 visits
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Trilegal (Mumbai)
India 8 contributions 6370 visits
Introduction The Federation of Hotel & Restaurant Associations of India (Informant), an association of hotels and restaurants in India, filed an Information with the Competition Commission of India (CCI) against MakeMyTrip India Pvt. Ltd. (MMT), Ibibo Group Private Limited (GoIbibo), (...)

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 44061 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 Swiss Competition Authority fines a manufacturer of sports products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2472 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 UK Competition Authority imposes a record-breaking £3.7M fine on a digital piano supplier for online resale price maintenance (Casio)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56516 visits
According to a press release issued on 1 August 2019, the Competition and Markets Authority (“CMA”) imposed a fine of £ 3.7 million (approximately € 4.1 million) on piano supplier Casio Electronics (“Casio”) for online resale price maintenance (RPM). Between the years 2013 and 2018, Casio (...)

The Turkish Competition Authority investigates an alleged anticompetitive agreement in the e-commerce sector for having implemented vertical restraints (Hepsiburada / Anka Mobil)
Erdem & Erdem (Istanbul)
Turquie 67 contributions 75777 visites
Introduction With its decision dated 10.07.2019 and numbered 19-22/326-M, the Turkish Competition Board (“Board”) launched a formal investigation against D-Market Elektronik Hizmetleri ve Ticaret A.Ş. (“Hepsiburada”) and Anka Mobil Tedarik A.Ş. (“Anka Mobil”) to determine whether the (...)

The French Competition Authority fines a bicycle manufacturer €250.000 for online sale restrictions (Bikeurope / Trek Bicycle)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56516 visits
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 Dusseldorf Higher Regional Court overturns the Competition Authority’s prohibition of narrow best price clauses (Booking.com)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56516 visits
On 4 June 2019, the Higher Regional Court of Düsseldorf (the “Court”) ruled that narrow best price clauses are not anticompetitive and overturned the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com from using such clauses in contracts with hotel operators. ‘Narrow’ best (...)

The EU Commission sends a statement of objections regarding the alleged geo-blocking of PC video games (Valve / Focus Home / Koch Media / ZeniMax / Bandai Namco / Capcom)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56516 visits
On 5 April 2019, the European Commission announced via a press release that it had sent Statements of Objections to Valve – the owner of the ‘Steam’ video game distribution platform – and five video game publishers (Bandai Namco, Capcom, Focus Home, Koch Media and ZeniMax) concerning their (...)

The Czech Competition Authority imposes a fine of €322.000 on an undertaking for infringing national competition law by concluding illegal vertical agreements with accommodation establishments (Booking.com)
Bird & Bird (Prague)
République tchèque 25 contributions 4314 visites
On 18 December 2018, the Czech Office for the Protection of Competition ("Czech NCA") announced in a press release imposing a fine of in total CZK 8,336,000 (approx. EUR 322,000) on Booking.com for infringing the Act on the Protection of Competition by concluding illegal vertical agreements (...)

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 1830 visits
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Osborne Clarke (Paris)
France 5 contributions 5182 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 Indian Competition Authority dismisses cartel allegations against taxi app drivers on the basis that they were following the algorithm pricing and not actively colluding to fix prices (Samir Agrawal / ANI Technologies / Uber India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41984 visits
CCI closes allegation of cartelization between taxi aggregators* By way of an order dated November 6, 2018, the CCI dismissed allegations of concerted action against Ola and Uber Group (OPs). Allegations were levelled against the pricing algorithm adopted by the OPs which allegedly (...)

The EU Commission fines four electronic manufacturers for fixing minimum resale prices for online retailers (Asus / Denon & Marantz / Philips / Pioneer)
K&L Gates (Boston)
United States 1 contribution 284 visits
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K&L Gates (Sidney)
Australia 3 contributions 745 visits
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K&L Gates (Boston)
United States 1 contribution 284 visits
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of (...)

The EU Commission fines manufacturers of electronic goods for resale price maintenance (Asus / Denon & Marantz / Philips / Pioneer)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7522 visits
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McDermott Will & Emery (Paris)
France 134 contributions 65776 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7011 visits
Vertical restrictions, including resale price maintenance (RPM), have not generally been an EC enforcement priority over the last 10 years, but a series of rulings in July 2018 signalled a potential change in that trend. Although the EC considers RPM to be a “hardcore restriction” 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 7522 visits
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McDermott Will & Emery (Paris)
France 134 contributions 65776 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7011 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 7522 visits
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McDermott Will & Emery (Paris)
France 134 contributions 65776 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7011 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 7522 visits
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McDermott Will & Emery (Paris)
France 134 contributions 65776 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7011 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 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 447 contributions 113592 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 rules in favour of restrictions on the use of platforms in a selective distribution system (Coty Germany / Parfümerie Akzente)
King’s College (London)
Belgium 13 contributions 9323 visits
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Willkie Farr & Gallagher (Brussels)
Belgium 4 contributions 2610 visits
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Solarisbank AG (Berlin)
3 contributions 1495 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 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 6690 visites
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 that companies may restrict online distribution of luxury goods under certain conditions (Coty Germany / Parfümerie Akzente)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46139 visits
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 Court of Justice holds that a restriction imposed on an authorised retailer not to sell goods through online third-party platforms does not constitute an infringement (Coty Germany / Parfümerie Akzente)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71656 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 2961 visits
In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held today that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through online third-party platforms does not infringe Article (...)

The EU Commission issues a final report on its e-commerce sector inquiry and updates its digital single market plans
Norton Rose Fulbright (Brussels)
United States 31 contributions 13942 visits
EU issues final report on its e-commerce sector inquiry and updates its digital single market plan* On May 10, 2017, the European Commission published the final report on its sector inquiry on competition in the e-commerce sector (the E-Commerce Report) and a mid-term review of its digital (...)

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 447 contributions 113592 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 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 134 contributions 65776 visits
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 Frankfurt Court of Appeal submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty Germany)
Reed Smith (Brussels)
Belgium 1 contribution 363 visits
European Court of Justice to Rule on Legality of Online Sales Bans*An appeal court in Frankfurt has asked the European Court of Justiceto clarify the application of the competition rules to online sales. The Frankfurt court made its request in the context of a dispute between a leader in (...)

The Frankfurt Court of Appeal submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty Germany)
Heinz & Zagrosek (Köln)
Allemagne 23 contributions 13090 visites
Ban on sales via third-party internet platforms in Germany and Pierre Fabre – recent referral to the Court of Justice* The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (...)

The EU Commission presents its initial findings on geo-blocking with respect to consumer goods in an e-commerce sector inquiry
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92545 visits
On 18 March 2016, the European Commission published its initial findings of its sector inquiry into the e-commerce sector in relation to geo-blocking practices. The Commission de nes geo-blocking as commercial practices whereby online providers prevent users from accessing and purchasing (...)

The EU Commission lists geo-blocking practices which may prevent online shoppers from purchasing goods or digital content based on their location
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 44 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 1359 visits
On 18 March 2016, the European Commission published its initial findings on ‘geo-blocking’ practices, which may prevent online shoppers from purchasing goods or digital content based on their location. The Commission’s figures suggest that geo-blocking is a widespread practice throughout the (...)

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)
Germany 65 contributions 25066 visits
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 2777 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 Turkish Competition Authority closes the investigation it launched ex officio into consumer electronics suppliers and retailers for exchange of information (Samsung / Gold)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11952 visites
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that consumer electronics suppliers and retailers did not restrict competition by exchanging information with regard to price increases and decreases. Background Opened ex officio, the (...)

The Polish Competition Authority accepts commitments concerning the online sales of prams and strollers (Emmaljunga)
Hansberry Tomkiel (Warsaw)
Poland 6 contributions 1154 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 EU Court of Justice and several National Competition Authorities adopt decisions regarding Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)
Rajah & Tann (Singapore)
Singapore 6 contributions 4591 visits
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8 contributions 5072 visits
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K&L Gates (Washington)
United States 1 contribution 598 visits
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and (...)

The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between an online booking website and its partner hotels (Booking.com)
Municipality of Cagliari
166 contributions 132929 visits
By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)

The UK Competition Authority reopens a previously closed OFT investigation into hotel online booking (IHG / Expedia / Booking.com)
DLA Piper (London)
United Kingdom 25 contributions 18347 visits
Executive Summary: After initially accepting commitments in the hotel online booking investigation, the Office of Fair Trading’s (OFT) decision was quashed by the Competition Appeal Tribunal (CAT). The case was referred back to the Competition and Markets Authority (CMA), who has now (...)

The Italian Competition Authority launches an investigation for alleged vertical agreements in the online hotel booking sector (Booking.com / Expedia)
Chiomenti (Milan)
Italy 6 contributions 2063 visits
On 7 May 2014, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) launched an investigation against Booking.com BV (hereinafter, “Booking”), Booking.com (Italia) S.r.l., Expedia Inc. (hereinafter, “Expedia”), and Expedia Italy S.r.l. for (...)

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 447 contributions 113592 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)
Italie 102 contributions 29516 visites
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 (...)

The German Competition Authority decides to prohibit a hotel booking portal from continuing to apply its best price clause (HRS)
Ashurst (Milan)
Italie 102 contributions 29516 visites
German Federal Cartel Office bans use of MFN clauses by HRS and opens new proceedings against Booking.com and Expedia* On 20 December 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release concerning its decision to prohibit the hotel booking portal HRS from continuing to apply (...)

The UK Competition Authority opens a consultation on the revised commitments proposed by online travel agencies in relation to rebates (IHG / Expedia / Booking.com)
Ashurst (Milan)
Italie 102 contributions 29516 visites
UK OFT weighs revised commitments in the online hotel accommodation bookings* On 20 December 2013, the United Kingdom’s Office of Fair Trading (“OFT”) opened a consultation on the revised commitments proposed by Booking.com B.V. (“Booking.com”), Expedia Inc (“Expedia”) and InterContinental (...)

The German Competition Authority closes its proceedings against an online book trader for enforcing price parity clauses on its marketplace platform (Amazon)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Amazon abandons price parity clauses for good* 26 November 2013: The Bundeskartellamt has today terminated its proceedings against Amazon for enforcing price parity clauses on its Marketplace platform after the company had met the requirements set by the authority. Andreas Mundt, President (...)

The German Competition Authority closes its investigation against an online book trader for price parity clauses (Amazon)
Ashurst (Milan)
Italie 102 contributions 29516 visites
Amazon Marketplace ends price parity* On 26 November 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release stating that it has closed the investigation into Amazon’s “price parity” clauses applied in agreements with traders that operated on its Marketplace platform. In fact, (...)

The US District Court for the Southern District of New York establishes the existence of a collusion to eliminate retail price competition for e-books and imposes restrictions on deals with publishers for the next five years (Apple)
DLA Piper Weiss-Tessbach (Vienna)
Autriche 26 contributions 7528 visites
U.S. District Court rules Apple colluded on E-Book Prices* On 10 July 2013 the District Court in Manhattan ruled in United States v. Apple Inc., et al that Apple conspired with five major publishers to raise prices on e-books. The publishers settled and denied any wrongdoing. However, the (...)

The UK Competition Authority issues draft commitments in an investigation regarding the hotel online booking sector (IHG / Expedia / Booking.com)
Accenture (Dublin)
United Kingdom 2 contributions 1014 visits
Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

The German Competition Authority continues to view the best price clause used by a hotel booking portal in a critical manner (HRS)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Bundeskartellamt continues to view HRS’s best price clause critically* The Bundeskartellamt has confirmed its competition concerns about the best price clause used by the hotel booking portal HRS. After examining the statements of HRS and all other relevant market participants, the (...)

The French Competition Authority carries out a sector inquiry in the area of prescription medicine distribution in private practices
French Competition Authority (Paris)
France 741 contributions 394402 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence is submitting to public consultation an initial assessment in which it has identified several potential sticking points* Medicinal products are the second-largest (...)

The German Competition Authority launches a web survey targeting 2,400 sellers who offer their products on major internet platform (Amazon Marketplace)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Bundeskartellamt surveys Amazon Marketplace sellers* Today the Bundeskartellamt launched a web survey of 2,400 sellers who offer their products through Amazon Marketplace. Within the framework of administrative proceedings under competition law the Bundeskartellamt is examining the effects (...)

The Paris Court of Appeal rules that dermo-cosmetic products do not have objective properties that could justify the prohibition of their sale on the Internet (Pierre Fabre / Cosmétique)
Vogel & Vogel (Paris)
France 94 contributions 118835 visits
In answer to the question of whether a general and absolute ban on selling cosmetics and personal care products online constitutes a hardcore restriction of competition by object, the European Court of Justice said that yes it did, if "having regard to the properties of the products at issue, (...)

The French Supreme Court rules on selective distribution networks and outside-network sales made on an online auction website (eBay)
Vogel & Vogel (Paris)
France 94 contributions 118835 visits
Four perfume brands have filed a legal action against the world’s number-one online auction site, eBay: they accuse eBay of allowing on its sites the sale by non-authorized third parties of products covered by a selective distribution channel. The judge found that eBay, a site bringing (...)

The EU Court of Justice Advocate General Mazak recommends that prohibition on internet sales be considered as a per se infringement (Pierre Fabre)
Jones Day (Brussels)
Belgium 30 contributions 21639 visits
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Jones Day (Paris)
France 12 contributions 27001 visits
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Jones Day (Dusseldorf)
Germany 19 contributions 6247 visits
On March 3, 2011, Advocate General (AG) Mazák delivered an opinion to the European Court of Justice (ECJ) in Pierre Fabre Dermo-Cosmétique SAS (PFDC). PFDC, a French manufacturer of cosmetics and personal care products, prohibited its retailers from selling via the Internet. AG Mazák advised (...)

The Danish court of first instance fines a jewellery producer for resale price maintenance (Lise Aagaard Copenhagen)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56515 visits
On 26 November 2010, the Court of First Instance of Copenhagen imposed a fine of approximately € 80,000 on Danish jewellery manufacturer Lise Aagaard Copenhagen A/S and a fine of approximately € 3,000 on one of its executives for preventing two Internet retailers from granting discounts. (...)

The Paris Court of Appeal reduces damages awarded for the sales of perfumes through a website by unauthorised distributors (eBay / Christian Dior / Kenzo / Givenchy / Guerlain)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56515 visits
On 3 September 2010, the Paris Court of Appeal delivered its judgment in a case between eBay and SA Parfums Christian Dior, SA Kenzo Parfums, SA Parfums Givenchy, and SA Guerlain (which are perfume and cosmetics suppliers belonging to the LVMH group – hereinafter the “LVMH group”). On 30 June (...)

The German Competition Authority imposes a fine of € 2.5 M for resale price maintenance on the Internet sales of GPS systems (Garmin)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56515 visits
According to a press release of 28 June 2010, the German Federal Cartel Office (“FCO”) has imposed a total fine of € 2.5 million on Garmin Deutschland GmbH (“Garmin”), a manufacturer of mobile navigation devices (e.g., GPS systems), and one of its employees, for engaging in resale price (...)

The US DoJ issues a business review letter regarding a proposed online subscription news service (Global News Service)
IPR University Center (Helsinki)
Finland 29 contributions 5427 visits
U.S. Department of Justice does not challenge online subscription news service* On 24 February 2010 the Department of Justice issued a business review letter regarding a proposed Internet media subscription news aggregation service (Global News Service) that would be operated by MyWire, Inc. (...)

The French Competition Authority accepts commitments from a technology company and a mobile telecommunications company to waive the distribution exclusivity of mobile phones (Orange / Apple)
Galderma (Paris)
France 6 contributions 14920 visits
On 11 January 2010, the French Competition Authority handed down its first decision of 2010, accepting the commitments undertaken by Apple and Orange to waive any distribution exclusivity on current and future iPhones models. Such Commitment Decision, taken pursuant to Article L. 464-2 I of (...)

The Karlsruhe Higher Regional Court confirms a judgment allowing a restriction on using auction websites in a selective distribution system (Scout)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56515 visits
In its judgment of 25 November 2009, the Higher Regional Court of Karlsruhe (the “Court”) upheld a judgment of the Regional Court of Mannheim which allowed the manufacturer of high quality school bags which operated a qualitative selective distribution system to prohibit its distributors from (...)

The Latvian Competition Authority detects prohibited concerted practices among distributors of a consumer goods electronics company (Samsung Home Appliances)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217943 visites
Latvia: Competition Council detects Prohibited Concerted Practices among Distributors of Samsung Home Appliances On 30 October 2009, the Latvian Competition Council (CC) adopted a decision in which it found that concerted practices among five distributors of Samsung appliances infringed (...)

The Latvian Competition Authority detects prohibited concerted practices among distributors of household appliances (Samsung Home Appliances)
Latvian Competition Council (Riga)
Latvia 122 contributions 23763 visits
Competition Council detects Prohibited Concerted Practices among Distributors of Samsung Home Appliances* On 30 October 2009 the Latvian Competition Council (CC) adopted a decision in which it found that concerted practices among five distributors of Samsung appliances infringed Article 81 (...)

The Paris Court of Appeal refers to the Court of Justice for a preliminary ruling on whether or not a general and absolute ban on internet sales by approved distributors constitutes a ’hardcore restriction’ on competition (Pierre Fabre)
Galderma (Paris)
France 6 contributions 14920 visits
In a judgment dated 29 October 2009, the French Court of Appeal made a reference for a preliminary ruling under article 234 of the Treaty establishing the European Community (the “EC Treaty”), whereby the ECJ was asked to answer “the question whether a general and absolute ban on Internet (...)

The German Competition Authority fines a contact lens provider €11.5 million for fixing minimum resale prices and restricting the Internet and wholesale sales of its products (CIBA Vision)
Fried Frank Harris Shriver & Jacobson (London)
United Kingdom 5 contributions 24193 visits
On September 25, 2009, the German Federal Cartel Office (FCO) levied a fine of €11.5 million against contact lens provider CIBA Vision Vertriebs GmbH (CIBA) for fixing minimum resale prices and restricting Internet and wholesale sales of its products. This is the third decision imposed by the (...)

The Munich Higher Regional Court accepts the prohibition of selling through auction websites (Amer Sports)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56515 visits
In a recently published judgment of 2 July 2009, the Higher Regional Court of Munich (the “Court”) found that a manufacturer of sports products (Amer) was allowed to prohibit its distributors to resell its products through auction websites, such as eBay. Amer had been sued by the German (...)

The Paris Court of Appeal suspends a decision concerning the prohibition of Internet sales in selective distribution (Pierre Fabre)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56515 visits
On 18 February 2009, the President of the Paris Court of Appeal partially suspended the decision of the French Competition Council against a manufacturer of cosmetics, Pierre Fabre Dermo-Cosmétique (“Pierre Fabre”). In its decision of 29 October 2008, the Competition Council found that Pierre (...)

The Paris Court of Appeals confirms the Competition Authority’s interim measures preventing exclusive rights regarding the distribution of smartphones (Orange / Apple / France Télécom)
White & Case (Paris)
France 110 contributions 75334 visits
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Dalkia Wastenergy (Paris)
France 1 contribution 7298 visits
In a decision dated 4 February 2009, the Paris Court of Appeals confirmed decision n° 08-MC-01[[ French Competition Council (Conseil de la concurrence), 17 December 2008, Decision n° 08-MC-01, Bouygues Telecom/ Apple-Orange (iPhone). of the French Competition Council concerning practices (...)

The French Competition Authority orders the suspension of an exclusivity French mobile market (Orange / Apple / France Telecom)
French Competition Authority (Paris)
France 9 contributions 21556 visits
The Conseil de la concurrence considered that the agreements entered into between Orange and Apple were likely to introduce further rigidity, to increase consumer captivity due to smartphones attraction and, through the implementation of a differentiation strategy, to reduce competition in a (...)

The Hamburg Regional Court rules on exclusive smartphone distribution agreements (Apple / T-Mobile)
Gleiss Lutz (Munich)
Germany 28 contributions 49000 visits
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Milbank (Munich)
Germany 28 contributions 49000 visits
On 4 December 2007 the German Regional Court of Hamburg issued a decision on the compatibility with competition law and the law against unfair practices of the exclusive distribution agreement concluded between the German mobile network operator T-Mobile and the American multinational (...)

The French Competition Authority accepts the commitments taken by 10 companies of the cosmetic industry to introduce more competition into the online sales of their products (Bioderma / Caudalie / Cosmétique Active France / Expanscience / Johnson & Johnson / Lierac / Nuxe...)
French Competition Authority (Paris)
France 741 contributions 394402 visits
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence facilitates online sale of cosmetic products: 10 companies of the cosmetic industry committed to introduce more competition into online sale of their products.* The Conseil de la (...)

The French Competition Authority agrees to commitments from hi-fi and home cinema equipment suppliers in order to allow their selective distributors to carry out online selling (Bose / Focal / Triangle)
Simmons & Simmons (Paris)
France 27 contributions 58835 visits
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Hewlett Packard (Boulogne-Billancourt)
France 30 contributions 90053 visits
On 5 October 2006, the Conseil de la concurrence (French Competition Council) issued a decision in which it accepted to withdraw the litigation proceedings after three of the main companies active in the Hi-fi and home cinema equipment sector (Bose, Focal JM Lab and Triangle) agreed to (...)

The Dutch District Court of Zutphen holds in an interim judgment that the vertical restraints block exemption regulation covers the application of dissimilar terms and conditions of supply to internet retailers (Groen Trend & Schouten Keukens / AEP Home Products)
JBT Corporation (Netherlands)
4 contributions 19908 visits
In December 2005 interim proceedings were brought before the District Court of Zutphen in a dispute between AEP Home Products (“AEP”), a supplier of kitchen appliances of the brands Atag, Etna and Pelgrim, and two of its buyers namely the internet retailer Groen Trend and the specialist shop (...)

Unilateral Practices

 The Polish Competition Authority fines the nation’s largest online trading platform for favoring its own downstream online store (Allegro)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21701 visits
President of UOKiK issued two decisions concerning Allegro’s practices* Tomasz Chróstny, President of UOKiK, has issued two decisions imposing over PLN 210 million in penalties on Allegro. The first decision concerns a breach of competition rules. The economic operator was unlawfully abusing (...)

The Italian Competition Authority issues record €1.128B fine against a Big Tech company for merging its platform marketplace and its distribution operations thereby shutting out rival distributors (Amazon)
International Center for Law & Economics (Portland)
United States 16 contributions 7588 visits
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International Center for Law & Economics (Portland)
United States 3 contributions 685 visits
Early last month, the Italian competition authority issued a record 1.128 billion euro fine against Amazon for abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union (TFEU). In its order, the Agenzia Garante della Concorrenza e del Mercato (AGCM) (...)

The EU Commission opens an investigation into possible abuse of dominance by a Big Tech company in the online advertising technology sector (Google ad tech)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2815076 visits
Antitrust: Commission opens investigation into possible anticompetitive conduct by Google in the online advertising technology sector* The European Commission has opened a formal antitrust investigation to assess whether Google has violated EU competition rules by favouring its own online (...)

The Italian Competition Authority imposes a €102 million fine on a Big Tech company for abusing its dominant position by refusing to feature a competitor’s app on its digital platform (Google / Enel X)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5195 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13963 visits
On 27 April 2021, the Italian Competition Authority (“ICA”) imposed a fine of over € 102 million on Alphabet Inc., Google LLC and Google Italy S.r.l. (collectively, “Google”) after concluding that Google had infringed Article 102 TFEU by refusing to include in Google’s own Android Auto app a (...)

The Indian Competition Authority issues an interim behavioral remedy to relist franchise hotel properties on certain platforms before concluding the abuse of dominant position investigation against them (MMT-Go / Treebo / FabHotels)
Economic Laws Practice (New Delhi)
India 1 contribution 762 visits
In a first-of-its-kind order, the Competition Commission of India (“CCI”) has used its power to grant interim relief to applicants in a two-sided digital market. On 9 th March 2021, CCI ordered MMT-Go to relist properties of Treebo and FabHotels on its platform. CCI received information (...)

The French Competition Authority accepts the commitments made by an online travel agency (Booking.com)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217943 visites
The French, Italian and Swedish Competition Authorities Accept the Commitments Offered by Booking.com* In their investigations of so-called "price parity" clauses (also called "best price" clauses) contained in agreements between online travel agencies (OTAs) and hotels, the French (...)

The Turkish Competition Authority fines an electronics company for resale price maintenance on its online sales channels (Sony)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81041 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5515 visits
This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Sony decision (22.11.2018; 18-44/703-345) in which the Board evaluated the allegations concerning resale price maintenance (“RPM”) against Sony Eurasia Pazarlama A.Ş. (“Sony”) upon complaint of a former (...)

The Indian Competition Authority opens an investigation into a manufacturer of processors for abuse of dominant position (Intel)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41984 visits
CCI directs investigation against Intel for abuse of dominant position* The CCI by way of order dated November 9, 2018 under section 26(1) of the Act, directed the DG to investigate Intel Corporation (the Opposite Party/ OP/Intel) for alleged abuse of dominant position in the market for (...)

The EU Court of Justice prohibits selective distributors from selling luxury products on third-party online platforms (Coty Germany / Parfümerie Akzente)
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2254 visites
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Kyriakides Georgopoulos (Athens)
Greece 28 contributions 921 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 Turkish Competition Authority rejects the complaint that agreements between a major IT company and several OEMs on the exclusive pre-installation of mobile apps infringed competition rules (Yandex / Google)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11952 visits
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The German Competition Authority condemns an athletic equipment company for restricting the online sales of its small and medium-sized authorized dealers (Asics)
Ashurst (Milan)
Italy 102 contributions 29516 visits
Germany’s Federal Cartel Office finds ASICS’ restrictions of online sales illegal* On 27 August 2015, the Federal Cartel Office (“FCO”) concluded its proceedings concerning certain anticompetitive restrictions in the distribution system of ASICS Deutschland (“ASICS“), and found that ASICS (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
France 741 contributions 394377 visits
The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more freedom in commercial and (...)

The Swedish Competition Authority approves the voluntary commitments of an online hotel booking company subject to a fine (Booking.com)
Klarna (Stockholm)
Sweden 9 contributions 1514 visits
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The Italian Competition Authority initiates antitrust proceedings concerning the use of the most favored nation clauses in the online hotel reservations space (Booking.com / Expedia)
Ashurst (Milan)
Italy 102 contributions 29514 visits
Italian competition authority investigates online hotel bookings* On 7 May 2014, the Italian Competition Authority (“Agcm”) initiated proceedings (decision only available in Italian) against Booking.com and Expedia in the online hotel reservations space. This is yet another case in the wake (...)

The French Competition Authority issues a first commitment decision addressing competition concerns in the Internet connectivity market (France Telecom / Cogent)
French Competition Authority (Paris)
France 741 contributions 394377 visits
France: First Commitment Decision related to Internet Neutrality issued by the Autorité de la concurrence* On 20 September 2012, the Autorité de la concurrence (the Autorité) issued for the first time a commitment decision concerning competition concerns relating to certain restrictions (...)

The EU Commission issues a statement on the ongoing investigation’s progress into the alleged abuse of dominance in the search engine market (Google Shopping)
Ashurst (Milan)
Italy 102 contributions 29514 visits
Almunia offers Google settlement talks* Last 21 may 2012, Competition Commissioner Joaquin Almunia made a statement on the progress of the on-going investigation into Google’s alleged abuse of dominance in the search engine market, which the Commission was investigating since November 2010 (...)

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 22929 visits
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European Commission - DG COMP (Brussels)
Belgium 4 contributions 4397 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 (...)

Mergers

 The Chinese MOFCOM conditionally clears an off-shore joint-venture involving European computer technology groups (ARM / Giesecke & Devrient / Gemalto)
Fingleton (London)
United Kingdom 6 contributions 3098 visits
On the 6th December 2012 MOFCOM published its 6th and last merger decision of the year - a clearance, with conditions, of the Trustonic joint venture between ARM, Giesecke & Devrient (G&D), and Gemalto. Process The parties submitted their initial notification on 4th May 2012. (...)

The Chinese MOFCOM approves an acquisition subject to conditions in the IT industry (Google / Motorola Mobility)
Jones Day (Shanghai)
China 51 contributions 23644 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12104 visits
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Jones Day (Beijing)
China 44 contributions 20610 visits
On 19 May 2012, the PRC Ministry of Commerce ("MOFCOM") approved the acquisition by Google Inc. of Motorola Mobility, Inc. under the Chinese Anti-Monopoly Law ("AML"), but imposed conditions to require that Google continue to license the Android operating system and the patents acquired from (...)

The US District Court for the District of Columbia requires conduct remedies before allowing a vertical merger between a generic online search engine and a widely-used flight information service provider to go forward (Google / ITA)
Robins Kaplan (Minneapolis)
United States 2 contributions 810 visits
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and (...)

The US District Court for the District of Columbia demands behavioral remedies from two strong competitors in related markets before approving a vertical merger that will allow the combined company to enter the online travel search market (Google / ITA)
Crowell & Moring (Washington)
United States 4 contributions 1592 visits
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McDermott Will & Emery (Washington)
United States 6 contributions 1793 visits
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United Airlines (Chicago)
United States 3 contributions 1306 visits
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The US District Court for the District of Columbia requires conduct remedies before allowing a vertical merger between a popular generic online search engine and a widely-used flight information services provider (Google / ITA)
Secretariat Economists (San Francisco)
United States 1 contribution 532 visits
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Secretariat Economists (Washington)
United States 1 contribution 532 visits
On July 1, 2010, Google Inc. (“Google”) and ITA Software, Inc. (“ITA”) announced an agreement for Google to acquire ITA for $700 million. On April 8, 2011, the Department of Justice (“DOJ”) announced that it would allow the proposed acquisition subject to certain conditions. DOJ filed a (...)

The US District Court for the District of Columbia seeks behavioral remedies before approving a joint-venture to prevent exclusionary conduct in the online video distribution and video programming markets (Comcast / NBC Universal)
American University’s Washington College of Law (Washington)
United States 4 contributions 10198 visits
The Federal Communication Commission’s recent decision to allow the transaction between Comcast and General Electric’s NBC Universal (NBCU) affiliate to proceed subject to conditions helped to fill a gap in the contemporary treatment of vertical mergers. The existence of this gap was (...)

The US District Court for the District of Columbia conditionally approves a joint-venture under behavioral remedies in the online video distribution and video programming industries (Comcast / NBC Universal)
Crowell & Moring (Washington)
United States 4 contributions 1592 visits
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McDermott Will & Emery (Washington)
United States 6 contributions 1793 visits
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United Airlines (Chicago)
United States 3 contributions 1306 visits
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The US DoJ clears an acquisition subject to conditions in the IT industry (Google / ITA)
Jones Day (Houston)
United States 35 contributions 15637 visits
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Jones Day (Washington)
United States 25 contributions 7615 visits
The U.S. Department of Justice has announced that, to allow Google’s proposed acquisition of ITA Software, DOJ and the parties have agreed to a set of requirements that will govern Google’s future operation of the ITA business. This action is notable as another challenge to a vertical merger (...)

The German Competition Authority blocks a joint venture creating an online video on demand platform by the two leading TV broadcasters (RTL / Pro7Sat1)
NOCON (London)
United Kingdom 6 contributions 8788 visits
I. Transaction RTL and Pro7Sat1 planned to set up an online video on demand (VOD) platform which allows users toaccess and watch professional video content. The concept of the platform was to provide content that has already been transmitted on TV and can be accessed free of cost for seven (...)

The US District Court for the District of Columbia imposes divestiture and behavioral remedies before approving a merger to maintain competition in the market for primary ticketing services (Ticketmaster / Live Nation)
Robins Kaplan (Minneapolis)
United States 2 contributions 810 visits
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and (...)

The US District Court for the District of Columbia demands divestiture and licensing to create two new competitors and imposes conduct remedies to limit the benefits of vertical integration in a merger in the primary ticketing services market (Ticketmaster / Live Nation)
Kelley Drye & Warren (Washington)
United States 1 contribution 416 visits
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Kelley Drye & Warren (New York)
United States 1 contribution 416 visits
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1 contribution 416 visits
The Department of Justice Antitrust Division (“DoJ”), along with 17 state attorneys general, reached an agreement with the parties last week that allows the merger of Ticketmaster Entertainment, Inc. (“Ticketmaster”) and Live Nation, Inc. (“Live Nation”) to proceed. The parties agreed to a (...)

The US District Court for the District of Columbia seeks to divest part of a business and requires a licensing of software to mitigate the anticompetitive effects of a merger in the ticketing services industry (Ticketmaster / Live Nation)
Cleary Gottlieb Steen & Hamilton (Brussels)
Germany 9 contributions 2399 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 8 contributions 2178 visits
After a decade of what was perceived by many as relatively restrained merger enforcement, the Obama administration has repeatedly and vocally vowed to “reinvigorate antitrust enforcement” and to “take effective action to stop or restructure mergers that are likely to harm consumer[s]”. (...)

The US District Court for the District of Columbia conditionally approves a vertical merger upon the implementation of structural and behavioral remedies in the market for primary ticketing services (Ticketmaster / Live Nation)
Crowell & Moring (Washington)
United States 4 contributions 1592 visits
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McDermott Will & Emery (Washington)
United States 6 contributions 1793 visits
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United Airlines (Chicago)
United States 3 contributions 1306 visits
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The EU Commission launches an in-depth investigation into a planned online travel agency which leads the parties to withdraw a merger application (T-Online / TUI / C&N)
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 29878 visits
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DG Economic and Financial Affairs-ECFIN (Brussels)
Belgium 65 contributions 33017 visits
"Internet Joint Ventures and the Quest for Exclusive Content: The T-Online Cases"* Introduction EC and national competition law issues arising from the marketing of ‘premium’ content, such as travel services and sports news, via the Internet were at the centre of several recent competition (...)

Procedures

 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 173 contributions 56516 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 173 contributions 56516 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 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 1465 visits
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Dechert (Paris)
France 8 contributions 9044 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 (...)

The French Supreme Court rules that the Paris Court of appeal has not given a legal basis to its judgment confirming the Competition Authority’s decision to end an exclusive distribution agreement in the mobile phone sector (Orange / Apple / France Télécom)
EDHEC (Lille)
France 9 contributions 15410 visits
Further to an agreement with Apple company, Orange became the exclusive carrier service provider and exclusive iPhone wholesaler over the French territory. Bouygues Télécom referred the matter to the French Competition Authority which ruled that this agreement seriously and immediately (...)

Regulatory

 The EU Commission adopts the new Vertical Block Exemption Regulation and Guidelines signalling tougher enforcement on digital firms
Portolano Cavallo (Milan)
Italy 63 contributions 9800 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6803 visits
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Portolano Cavallo (Milan)
Italy 4 contributions 1335 visits
On May 10, 2022, the European Commission (“Commission”) adopted Regulation 2022/720, i.e., the new Vertical Block Exemption Regulation (“New VBER”), together with the new Vertical Guidelines (“New Guidelines”), both of which will enter into force on June 1, 2022. The new VBER concludes the (...)

The UK Competition Authority designates a Big Tech company as a grocery retailer to protect suppliers (Amazon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95281 visits
CMA designates Amazon as a grocery retailer to protect suppliers* The CMA has announced that industry rules setting out how grocery retailers should treat their suppliers will now apply to Amazon. Amazon.com, Inc’s (Amazon) increasing activity in the UK groceries’ sector in recent years (...)

The EU Commission publishes drafts of revised Vertical Block Exemption Regulation and Vertical Guidelines
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71653 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 16 contributions 4370 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21016 visits
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On 9 July 2021, following a comprehensive consultation process, the EU Commission (Commission) published its proposals for a revised Vertical Block Exemption Regulation (Draft VBER) and Draft Vertical Guidelines, due to replace the current regime which expires on 31 May 2022. The previous (...)

The EU Commission publishes drafts of the updated Vertical Block Exemption Regulation and the accompanying guidelines
Bird & Bird (The Hague)
Netherlands 34 contributions 8708 visits
On 9 July 2021, the European Commission published its long-awaited drafts of the updated Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines. The drafts are the result of an in-depth evaluation process that started in October 2018. The evaluation showed that many (...)

The EU Commission publishes its draft reform of the Vertical Block Exemption Regulation, including revised Guidelines on Vertical Restraints while focusing mainly on the digital economy
Linklaters (Düsseldorf)
Germany 1 contribution 307 visits
Revamp of the EU’s Rules on Vertical Agreements: It’s About the (Digital) Economy, Stupid!* Just before the summer break, the European Commission (“Commission”) continues to tick off its To-Do-List, adding an important checkmark in its efforts to modernise the current set of rules in various (...)

The EU Commission proposes the Digital Markets Act, opening the door to a separation of revenue generation from consumer content which could increase the contestability of zero-priced platforms
University College London
United Kingdom 1 contribution 73 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 1. Introduction [1] The digital age has brought huge benefits to society, triggering huge social welfare gains, massive wealth creation and lots of (...)

The Spanish Competition Authority publishes its report on regional and local regulations imposed on private-hire driver licenses that ride-hailing apps
Bird & Bird (Madrid)
Espagne 29 contributions 4675 visites
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Ecija & Asociados (Madrid)
Espagne 20 contributions 2163 visites
Under its advocacy role, the Spanish Competition Authority (the "CNMC") published on 17 January 2019 a report on recent regional and local regulations imposed on private-hire driver licences (known as "VTCs") that ride hailing apps - such as Uber - for operating in Spain. As in other (...)

General antitrust

 The European Commission drafts new competition rules for Vertical Block Exemption Regulation (VBER) and guidelines for vertical restraints scheduled to take effect in June 2022
Jones Day (Brussels)
Belgium 21 contributions 9506 visits
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Jones Day (Brussels)
Belgium 6 contributions 2720 visits
I. The context The European Commission (“EC”) is currently revising the rules governing vertical agreements under EU competition law, which will expire on May 31, 2022. In this respect, on July 9, 2021, the EC published its long-awaited draft revised Vertical Block Exemption Regulation (...)

The EU Commission publishes a preliminary report setting out the initial findings of its sector inquiry into the consumer Internet of Things
White & Case (Brussels)
Belgium 38 contributions 65515 visits
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White & Case (Brussels)
Belgium 35 contributions 13105 visits
On 9 June 2021, the European Commission (EC) published a Preliminary Report setting out the initial findings of its sector inquiry into the consumer Internet of Things (“IoT”). The consumer IoT sector encompasses services, devices and technologies that support the interaction of consumers with (...)

The UK Competition Authority and the EU Commission seek views from stakeholders on the Vertical Block Exemption Regulation
Bird & Bird (London)
United Kingdom 19 contributions 3429 visits
The current Vertical Agreement Block Exemption Regulation (VBER) and its accompanying guidelines provide the framework of competition law regulation for suppliers and distributors across the EU. It is due to expire in May 2022. The VBER was retained into UK law following Brexit ensuring (...)

The OECD holds a roundtable on competition in digital advertising markets
OECD - Competition Division (Paris)
France 313 contributions 1368558 visits
Digital advertising is now the leading form of advertising in most if not all OECD countries, and offers businesses the ability to reach consumers in ways that could only have been imagined previously. Increased Internet coverage and mobile phone penetration has fundamentally changed the (...)

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 2965 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2965 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 44062 visits
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ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5362 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 EU Commission publishes a staff working document on the vertical block exemption regulation but does not address any guidance on most-favored-nation clauses
Bird & Bird (The Hague)
Netherlands 2 contributions 450 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7185 visits
On 8 September 2020, the European Commission published its Staff Working Document (“Evaluation Document”) on the results of its evaluation of the VBER and its accompanying guidelines. One of the key gaps in the current framework is the absence of guidance on how retail parity clauses should be (...)

The EU Commission releases a staff working document evaluation on the vertical block exemption regulation which gives guidance on online restrictions
Ecija & Asociados (Madrid)
Espagne 20 contributions 2163 visites
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Bird & Bird (Madrid)
Espagne 29 contributions 4675 visites
The rapid development that the e-commerce sector has undergone in the last decade has meant its definitive implementation as one of the most relevant routes to market. This development has come along with important judgments of the European Court of Justice ("ECJ") on this matter. Cases such (...)

The EU Commission publishes a review of the vertical block exemption regulation which addresses the questions of big data and access to data
Bird & Bird (Budapest)
Hungary 18 contributions 2373 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 2128 visits
Issues around Big Data and access to data as an essential input are rapidly gaining importance in vertical relationships. This was made clear in the Commission’s recently published evaluation of stakeholder input in the context of the review of the VBER. In the past, the Hungarian (...)

The OECD holds a roundtable on hub-and-spoke arrangements in competition
OECD - Competition Division (Paris)
France 313 contributions 1368558 visits
Hub-and-spoke arrangements are horizontal restrictions on the supplier or retailer level (the “spokes”), which are implemented through vertically related players that serve as a common “hub” (e.g., a common manufacturer, retailer or service provider). The “hub” facilitates the co-ordination of (...)

The EU Commission publishes its report regarding the public consultation on the vertical block exemption regulation
Bird & Bird (The Hague)
Netherlands 34 contributions 8710 visits
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Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5107 visits
The growth of e-commerce over the last decade has had a significant impact on the market. Trends like the increased importance of online sales and the emergence of new market players such as online platforms significantly affected the distribution and pricing strategies of both manufacturers (...)

The Turkish Competition Authority publishes its revised Guidelines on vertical agreements
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81034 visits
The Turkish Competition Authority (“Authority”) completed its work in progress on revising the Guidelines on Vertical Agreements (“Guidelines”) that was issued based on the Block Exemption Communiqué on Vertical Agreements (“Communiqué No. 2002/2”). It took approximately 2 years for the (...)

The EU Commission reaches alongside the Parliament and the Council a political agreement on the geo-blocking regulation for consumers wishing to buy products or services online
Freshfields Bruckhaus Deringer (Vienna)
Austria 2 contributions 98 visits
One of the key elements in the EU’s strategy to deal with wide-spread phenomena Geo-blocking is the Geo-blocking regulation, which was proposed by the Commission in May 2016. The latest proposal of the Geo-blocking regulation (issued by the Internal Market and Consumer Protection Committee in (...)

The EU Commission issues its final report on the e-commerce sector
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission publishes final report on e-commerce sector inquiry* The European Commission’s final report on the e-commerce sector inquiry identifies business practices that may restrict competition. It allows the Commission to target its enforcement of EU antitrust rules in (...)

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 2961 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 3524 visits
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Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71650 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 a preliminary report on its e-commerce sector inquiry
Hausfeld (New York)
United States 12 contributions 2866 visits
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 French Competition Authority issues an opinion following its sector inquiry on the distribution of medicinal products
French Competition Authority (Paris)
France 741 contributions 394391 visits
After gathering market players’ insight, and having carried out an in-depth analysis of how the sector operates, the Autorité de la concurrence publishes its opinion.* It calls for the stimulation of competition throughout the distribution chain, and in particular supports the supervised (...)

The ECN Competition Working Group on Competition Law gathers to discuss matters related to vertical restraints in the online sector
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217943 visits
Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013: On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

The EU Commission publishes rules for vertical agreements
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 68 contributions 31696 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 78 contributions 58525 visits
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Dentons (Brussels)
Belgium 17 contributions 9749 visits
On April 20, 2010, the European Commission (the Commission) adopted its new, long-awaited Vertical Block Exemption Regulation (the VBER) and accompanying guidelines applicable to distribution agreements in the EU. The VBER, which will enter into force on June 1, 2010, replaces Regulation (...)

The EU Commission publishes rules regarding vertical agreements
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22930 visits
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Covington & Burling (Brussels)
Belgium 2 contributions 126 visits
On 20 April 2010, the European Commission published new rules governing so-called “vertical” agreements, such as distribution and supply agreements. The new rules are set out in the Vertical Restraints Block Exemption Regulation and the related Guidelines (see DG Competition’s website). They (...)

The French Competition Authority issues an opinion on the EU Regulation 2790/99 and the guidelines on vertical restraints
French Competition Authority (Paris)
France 741 contributions 394391 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence welcomes the modernization undertaken by the European Commission and recommends that the Commission better explains the balance it intends to guarantee between online trade (...)

The EU Commission publishes drafts of the Vertical Agreements Block Exemption Regulation and Vertical Guidelines for consultation
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56515 visits
On 28 July 2009, the European Commission published for consultation a draft of the proposed new Vertical Agreements Block Exemption Regulation (VABER) and its accompanying draft Vertical Guidelines. Interested parties are invited to submit comments on these documents by 28 September 2009. (...)

The French Competition Authority issues an opinion regarding exclusive access offers to TV content by internet service providers
French Competition Authority (Paris)
France 741 contributions 394391 visits
TV content access exclusivity offers by Internet service providers: The Autorité de la concurrence states its position*. Exclusive access must remain an exceptional solution, strictly limited in time and scope. Auto-distribution appears to be a satisfactory balancing solution, to the benefit (...)