Search results - Concurrences

18 Dec 2020 B

The EU Commission launches a public consultation as part of the ongoing review of the vertical block exemption regulation

Floris-Willem Dierickx • January 2021

On 18 December 2020, the Commission launched a public consultation as part of the ongoing review of the Vertical Block Exemption Regulation (“VBER”) and its accompanying Vertical Guidelines. Based on the recently completed evaluation, the Commission concluded that, while the rules are still (...)

9 Dec 2020 R

The VBER and Vertical Guidelines: Revision or Reform? Reflection on critical issues

Mário Marques Mendes, Pablo Ibáñez Colomo, Luc Gyselen, Avantika Chowdhury, Mario Siragusa, Alice Setari, Iñigo Igartua Arregui, Miguel Troncoso Ferrer, Nathalie Pétrignet, Vincent Lorieul • N° 1-2021

While the European Commission is exploring a possible revision of the VBER and of the Vertical Guidelines and assessing the various policy options proposed, this volume aims to reflect on some of the relevant issues and subjects in the VBER, some more controversial than others, but all having (...)

19 Nov 2020 B

The UK Competition Authority fines a price comparison website for applying most-favoured nation clause (ComparetheMarket)

UK Competition Authority • November 2020

CMA fines ComparetheMarket £17.9m for competition law breach* The CMA has fined ComparetheMarket £17.9 million after it found that clauses used in the company’s contracts with home insurers breached competition law. An investigation by the Competition and Markets Authority (CMA) has concluded (...)

19 Nov 2020 B

The UK Competition Authority fines a comparison website for use of wide MFN clauses (ComparetheMarket)

Andrzej Kmiecik, William Haig • November 2020

On 19 November 2020, the UK’s Competition and Markets Authority (“CMA”) fined the price comparison website ComparetheMarket, and its parent companies, £ 17.9 million for breaching the UK and EU competition rules. The CMA found that ComparetheMarket breached the prohibition of anti-competitive (...)

19 Nov 2020 B

The UK Competition Authority fines a price comparison website for using most favored nation clause (ComparetheMarket)

Nigel Parr, Steven Vaz • November 2020

On 19 November 2020, the UK Competition and Markets Authority ("CMA") announced that it had issued an infringement decision finding that the price comparison website ComparetheMarket infringed Chapter I prohibition of the Competition Act 1998 and Article 101 TFEU as a result of the use of wide (...)

10 Nov 2020 B

The Chinese SAMR issues antitrust guidelines for the platform economic industry

Cheng Liu • November 2020

10 Highlights of the Antitrust Guidelines for Platform Economy* On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic Industry (draft for comments) (“Platform Guidelines”). [1] The release of (...)

23 Oct 2020 B

The EU Commission publishes an inception impact assessment for a potential revision of the vertical block exemption regulation

Peter Citron, Adrien Giraud, Pierre Bichet • October 2020

New EU Antitrust Rules for Distribution – European Commission’s Inception Impact Assessment* On 23 October 2020, the European Commission (EC) published its inception impact assessment of policy options for a potential revision of the EU Vertical Block Exemption Regulation (VBER) and accompanying (...)

23 Oct 2020 B

The EU Commission publishes an inception impact assessment as part of the reform of the vertical block exemption regulation

Andrzej Kmiecik, Floris-Willem Dierickx, Helga Gudmundsdottir • October 2020

On 23 October 2020, the European Commission (“Commission”) published an Inception Impact Assessment (the “Inception Assessment”) (available here) as part of the revision of the Vertical Block Exemption Regulation (“VBER”) and the Vertical Guidelines in anticipation of the expiry of the VBER on 31 May (...)

23 Oct 2020 B

The EU Commission conducts an extensive review process in which it analyses the practice of applying the current VBER and determines the scope and character of guidance to be provided in the VBER due out in 2022

Marcin Alberski, Piotr Dynowski • October 2020

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 (...)

8 Sep 2020 B

The EU Commission releases a staff working document evaluation on the vertical block exemption regulation which gives guidance on online restrictions

Patricia Linan Hernandez, Candela Sotés Macaya • September 2020

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 as (...)

8 Sep 2020 B

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

Manuela Cox, Piet-Hein Eijssen • September 2020

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 (...)

26 Aug 2020 B

The UK Supreme Court rules in a licence dispute between a software and a telecommunication company and clarifies the English Courts’ approach to FRAND royalty cases (Unwired Planet / Huawei)

Steve Ross • August 2020

On 26 August 2020, the UK Supreme Court issued a judgment in a licence dispute involving Standard Essential Patents (“SEPs”) pitting Unwired Planet, a US based patent assertion entity, against Huawei, a Chinese telecommunications company that produces smartphones. Unwired Planet brought an (...)

14 Jul 2020 B

The German Federal Court of Justice grants Competition Authority leave to appeal against the Düsseldorf Higher Regional Court’s ruling regarding the use of narrow parity clauses (Booking)

Laura Lehoczky-Deckers • July 2020

On 14 July 2020, the German Federal Court of Justice (“FCJ”) granted the Federal Cartel Office (“FCO”) the right to appeal on points of law against the judgment of the Higher Regional Court of Düsseldorf in Booking. The Higher Regional Court of Düsseldorf (see VBB on Competition Law, Volume 2019, (...)

8 Jul 2020 R

Significant imbalance: The French Supreme Court affirms for the first time that the provisions of the former article L. 442-6 C. com. constitute mandatory rules (Expedia)

Frédéric Buy • N° 4-2020 • pp. 151-152

The reader will no doubt recall the judgment of the International Chamber of the Paris Court of Appeal dated June 3, 2020, which we reported in the previous issue of this column (CA Paris, ch. com., June 3, 2020, No. 19/03758, Concurrences 3-2020, obs. F. Buy). In response to the question (...)

8 Jul 2020 R

Significant imbalance: The French Supreme Court confirms the nullity of the parity clauses and the last available room in the participation contracts for a property offered by the platform to hoteliers, as contravening the prohibition of clauses providing for automatic alignment with the conditions offered to competitors, but refuses to regard this as a significant imbalance (Expedia)

Jean-Louis Fourgoux • N° 4-2020 • pp. 152-153

In a much-awaited decision, the Court of Cassation ruled in the Expédia online hotel reservation platform case, and in particular on the various points raised by the Paris Court of Appeal’s decision, which had annulled the parity clauses and the last available room in a didactic decision that was (...)

1 May 2020 R

The platform-to-business regulation: Taming the “big tech” beast?

Konstantina Bania • N° 2-2020 • pp. 52-64

In recent years, the term “online platforms” has almost monopolized discussions in EU policy circles. The EU institutions have taken several initiatives in the realms of competition enforcement and regulatory law that seek to ensure that the current legal framework is adapted to the specificities (...)

31 Mar 2020 B

The Hong Kong Competition Authority commences a public consultation on the commitments offered by three online travel agents to remove certain parity clauses in their contracts with accommodations providers (Booking.com / Expedia / Trip.com)

PJ Kaur, Adrian Emch, Eugene Low, Stephanie Tsui • March 2020

On 31 March 2020 the Hong Kong Competition Commission (HKCC) commenced a public consultation on the commitments offered by three online travel agents (OTAs) to remove certain parity clauses in their existing and future contracts with accommodation providers in Hong Kong. The consultation period (...)

31 Jan 2020 eB

2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Most Favoured Customer Clause and Competition Law

Antoine Chapsal, Benoit d’Udekem, Marc Van Audenrode

13 Most Favored Customer Clause and Competition Law: An Overview of EU and National Case Law A ntoine C hAPsAl Analysis Group (Paris) antoine.chapsal@analysisgroup.com B enoit d'U dekem, m ArC V An A Udenrode Analysis Group (Brussels) benoit.dudekem@analysisgroup.com (...)

10 Dec 2019 B

The French Competition Authority accepts commitments of an online travel agency (Booking.com)

European Competition Network Brief • December 2019

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 (...)

11 Nov 2019 B

The Czech Competition Authority rejects the appeal brought by an online travel agency company and confirms the fine for entering into prohibited vertical agreements (Booking.com)

Barbora Cejkova Vickers, Vojtech Chloupek • November 2019

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 agreements (...)

30 Jul 2019 B

The EU Commission publishes a summary of the results of its public consultation on the vertical block exemption regulation and accompanying guidelines

Maren Tamke • July 2019

In November 2018, we reported that the European Commission had announced a review of EU distribution rules. It has now published a summary of the results of its public consultation on the Vertical Block Exemption Regulation (which expires on 31 May 2022) and accompanying guidelines. During (...)

10 Jul 2019 B

The Turkish Competition Board investigates into an alleged anticompetitive agreement in the e-commerce sector for having implemented vertical restraints (Hepsiburada / Anka Mobil)

Ercüment Erdem • July 2019

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 relevant (...)

4 Jun 2019 B

The Düsseldorf Court of Appeal quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (Booking.com)

Silke Heinz • June 2019

Booking.com’s "narrow" MFN clauses now also permissible in Germany, Court of Appeals rules* On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price (...)

4 Jun 2019 B

The Düsseldorf Court of Appeal overturns the Competition Authority’s prohibition of narrow best price clauses (Booking.com)

Andrzej Kmiecik • June 2019

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 price (...)

4 Jun 2019 B

The Higher Regional Court of Düsseldorf overturns the German Competition Authority’s decision which sanctioned price parity clauses between hotel platforms and hotel operators (Booking.com)

Jörg Witting • June 2019

On 4 June 2019, the Higher Regional Court of Düsseldorf ruled that price parity clauses which prohibit hotel operators to offer lower room prices on their homepages compared to the prices offered on the booking platform are valid – overruling the decision of the German Federal Cartel Office (...)

20 Dec 2018 B

The US District Court for the Northern District of California denies motion for summary judgment that a company’s standard essential patent licensing practices breached its FRAND obligations (ASUS / InterDigital)

Joseph Raffetto, Nicholas Rotz, Daniel Graulich, Logan M. Breed • December 2018

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a decision published in redacted form, Judge Beth Labson Freeman of the Northern District of California denied ASUSTek Computer Inc.’s and ASUS Computer (...)

18 Dec 2018 B

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)

Vojtech Chloupek • December 2018

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 (...)

25 Oct 2018 B

Most Favored Customer Clause and competition law: An overview of EU and national case law

Antoine Chapsal, Benoit d’Udekem, Marc Van Audenrode • MFC clause

Over the last few decades, business practices have evolved at an astonishingly fast pace. Products have become more sophisticated, pricing and contracting strategies have become more complex, and management tools have developed. Competition enforcement authorities have had to adapt to these (...)

21 Jun 2018 B

The EU Commission launches an antitrust investigation into LNG destination clauses (Quatar Petroleum)

Ichiro Morinaga, Graham Vinter, Jeremy Wilson, Peter D. Camesasca, William H.Y. Park • June 2018

On June 21, 2018, the European Commission (“Commission”) started a new investigation to determine whether so-called destination clauses in Qatar Petroleum’s liquefied natural gas (“LNG”) supply contracts with European buyers infringe the European Union (“EU”) antitrust rules. The investigation comes (...)

30 Mar 2018 B

The Turkish Competition Authority publishes revised Guidelines on vertical agreements

Gönenç Gürkaynak • March 2018

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 Authority to (...)

12 Dec 2017 B

The Turkish Competition Board updates its guidelines on vertical agreements

Ercüment Erdem • December 2017

Introduction A number of studies have been undertaken in order to revise the Guideline on Vertical Agreements ("Vertical Guideline") in line with the developments in the European Union legislation, as well as to address the needs in the relevant sectors. Following the workshop that was held on (...)

27 Sep 2017 B

The Turkish Competition Authority concludes its preliminary investigation into possible abusive pricing policies in the furnishing sector (Doğtaş Kelebek Mobilya / Yataş Yorgan ve Yatak)

Gönenç Gürkaynak • MFC clause

Introduction On January 9 2018 the Competition Board published a reasoned decision dated September 27 2017 (17-30/487-211) following its preliminary investigation into allegations by Doğtaş Kelebek Mobilya San ve Tic AŞ that Yataş Yorgan ve Yatak San ve Tic AŞ had violated Article 4 of Law 4054 on (...)

13 Jul 2017 B

The Spanish Competition Authority closes abuse of dominance proceedings through a commitments decision against a pharmaceutical company (IMS Health)

Pedro Callol • July 2017

On 13 July 2017, the NMCC closed the Article 102 TFEU and Article 2 of the Spanish Competition Act (Competition Act) proceedings related to the supply of pharmaceutical marketing data to IMS Health (IMS) by means of a commitments decision. The NMCC initiated the investigation, as a result of (...)

4 May 2017 B

The EU Commission accepts remedies proposed by an electronic commerce company in the e-books case (Amazon)

European Commission • May 2017

Antitrust: Commission accepts commitments from Amazon on e-books* The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in Amazon’s (...)

4 May 2017 B

The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)

Andrzej Kmiecik • May 2017

On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. These (...)

6 Apr 2017 R

Report: The French Competition Authority publishes the results of an exercise carried out by 10 national European competition authorities assessing the effects of the remedies adopted in Europe in the online hotel booking sector

Alain Ronzano • N° 3-2017

On 6 April 2017, the Competition Authority made public the report of the European Competition Network working group assessing the effects of remedies adopted in Europe in the online hotel reservation sector. Under the aegis of the Commission, ten national competition authorities have assessed (...)

28 Mar 2017 B

The UK Competition Authority publishes preliminary findings on price comparison websites

David Little, Maurits Dolmans, Paul Gilbert • March 2017

In September 2016, the Competition and Markets Authority (“CMA”) launched a Market Study into digital comparison tools (“DCTs”). On March 28, 2017, the CMA published an update on the Market Study setting out its preliminary findings and areas of focus for the second part of the Market Study. The (...)

9 Feb 2017 R

Prohibition of MFN clauses: The French Competition Authority conducts an initial intermediary assessment of the commitments made by the leading online hotel booking platform and of the Macron act (Booking)

Alain Ronzano • N° 2-2017

On 9 February 2017, the Competition Authority published - the first exercise of its kind - a review of the effectiveness of the commitments made by Booking.com. under the decision No. 15-D-06 of 21 April 2015. In that Decision, the Authority had introduced a sui generis exercise (pt. 6): a (...)

24 Jan 2017 B

The EU Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)

European Commission • January 2017

Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

5 Jan 2017 B

The Turkish Competition Board concludes its investigation against an online booking platform (Booking.com)

Ercüment Erdem • January 2017

Introduction The Competition Board (“Board”) concluded its investigation with regard to the booking services provided by Booking.com B.V. (“Booking.com”) and by Bookingdotcom Destek Hizmetleri Limited Liability Company. During its investigation, the Board has evaluated whether Articles 4 and 6 of (...)

7 Nov 2016 B

The Belgian Competition Authority closes its investigation regarding a real estate website due to remedies offered by the undertaking (Immoweb)

Belgian Competition Authority • November 2016

The Investigation and Prosecution Service of the Belgian Competition Authority has closed its investigation against Immoweb due to commitments offered by Immoweb* On January 30 2015, the Investigation and Prosecution Service opened an ex officio investigation against Immoweb, the company (...)

15 Sep 2016 B

The EU Commission publishes initial findings of e-commerce sector inquiry report

Andrzej Chajęcki • September 2016

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 report (...)

9 Jun 2016 B

The Turkish Competition Authority fines an undertaking for abusing of its dominant position via implementing exclusionary MFC clauses in its agreements (Yemeksepeti)

Bahadır Balkı, Nabi Can Acar, Burak Bugrahan Sezer • June 2016

With the developments in online services, our habits in everyday life has been changing rapidly. Nowadays, one can cater any of its needs via websites or simple smartphone apps instantly. And all these developments have also been reflected its effects on maybe one of our most common and (...)

5 Feb 2016 B

The Canadian government increases the threshold for a pre-closing merger notification under the Competition Act

Kevin Ackhurst • February 2016

The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2016. Competition Act Canada uses a two-part test for determining whether a pre-merger (...)

6 Nov 2015 R

Online booking platforms: The Swiss Competition Commission forbids FMN clauses but refuses to sanction online travel agencies (Booking/Expedia/HRS)

Alain Ronzano • N° 1-2016

COMCO, decision of 6 November 2015 (Booking/Expedia/HRS) On November 6, 2015, the Swiss Competition Commission - COMCO - announced that it had terminated its investigation into the contractual practices of the three leading online travel agencies ("OTA" or Online Travel Agency), Booking.com, (...)

1 Oct 2015 B

The German Competition Authority publishes discussion paper on internet platforms in merger control, contractual restrictions of competition and abuse of dominance scenarios

Silke Heinz • October 2015

The FCO publishes discussion paper on internet platform markets* On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working group competition law (consisting (...)

16 Sep 2015 B

The UK Competition Authority closes its hotel online booking investigation (Booking.com)

UK Competition Authority • September 2015

CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office of (...)

1 Sep 2015 R

Defining restrictions “by object”

Lucas Peeperkorn • N° 3-2015 • pp. 40-50

This article develops a definition of restrictions by object which fits well in an overall effect-based approach under Article 101. Classification as restriction by object is justified if and how a particular type of restriction generally results in net negative effects, which can be expected (...)

30 Jun 2015 B

The US Court of Appeals for the Second Circuit reaffirms the principle that even vertical agreements that seem lawful in the abstract can be evidence in horizontal cartel (Apple)

George LoBiondo • June 2015

Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case* We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies (...)

30 Jun 2015 B

The US Court of Appeals for the 2nd Circuit affirms ruling condemning masterminding the creation, organization and implementation of a conspiracy by five ebook publishers (Apple)

Thomas D. Nevins • June 2015

The Second Circuit’s Apple Ebooks Opinion* The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks that benefited Apple, as Apple (...)

total	120
total_found	120
time	0.136

Your search returned 120 results MFC Clause

Debug

Métas associées