Fieldfisher | Germany | 26 May 2022
Recently, the Federal Cartel Office (FCO) classified Meta Platforms Inc as an undertaking with paramount significance for competition across markets. Thus, following a similar decision against Google and Alphabet Inc at the end of 2021, the FCO has now subjected another large digital group to the special abuse control of section 19a(1) of the Act against Restraints of Competition.
Fieldfisher | Germany | 21 Apr 2022
The Federal Cartel Office (FCO) has announced that it has initiated a sector inquiry under consumer law into so-called "scoring" with regard to online shopping. Specifically, the investigation is concerned with procedures that are used by retailers to check the solvency of online shoppers. The FCO's review is another important step toward strengthening consumer rights in the digital economy.
Fieldfisher | United Kingdom | 5 Apr 2022
In a recent case, the Employment Appeal Tribunal upheld a decision that owner-driver franchisees who carried out parcel delivery and collection services for DPD were neither employees nor workers. The case is a useful touchpoint for businesses operating within the "gig economy", and particularly for those that are considering the franchise model.
Fieldfisher | United Kingdom | 29 Mar 2022
In a recent case, a franchisor failed to obtain an interim injunction to restrain the activities of a former franchisee after it failed to show to the required standard that post-termination restrictions for a 12-month period were reasonably necessary. The court's decision highlights the importance of having reasonable post-termination restrictions. It is also a reminder that such covenants......
Fieldfisher | United Kingdom | 22 Mar 2022
The UK government has published the long-awaited draft Vertical Agreement Block Exemption Order 2022 (VABEO). This will replace the retained Vertical Agreement Block Exemption Regulation, which is due to expire in May 2022. This article considers the changes and likely impact of the VABEO on franchise businesses operating in the United Kingdom.
Fieldfisher | Germany | 17 Mar 2022
The Federal Cartel Office (FCO) recently announced in a case report that it had imposed fines of approximately €7.3 million on two manufacturers of multi-profile bridge expansion joints for a prohibited quota cartel. The FCO found illegal quota agreements between the two companies regarding the distribution of multi-profile transition structures for road bridges in Germany from 2004 to 2019....
Fieldfisher | Ireland | 10 Feb 2022
On 21 January 2022, the Decision Support Services ("DSS") launched its recruitment drive for Decision Making Representatives ("DMRs"). Statutory Role…
Fieldfisher | Germany | 3 Feb 2022
Recently, the Federal German Cartel Office (FCO) fined Bose GmbH approximately €7 million on account of resale price maintenance. According to the accusation, Bose had repeatedly enforced higher retail prices on its dealers. The FCO has already imposed fines on numerous manufacturers for such infringements; therefore, it is expected that it will continue to respond to complaints about such......
Fieldfisher | Germany | 20 Jan 2022
The Federal Cartel Office (FCO) recently announced that for the first time a company, Google/Alphabet, would be subject to extended abuse control. Further decisions against large digital corporations such as Amazon, Apple and Facebook are expected soon. The extended abuse control is a new instrument that was only included in 2021 in the Competition Act. The new provision will enable the FCO......