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Herbert Smith Freehills LLP | European Union | 8 Oct 2021

Subsidiaries can be liable for damages caused by infringements by their parent company

In its judgment of 6 October 2021, following a reference by the Provincial Court of Barcelona, the Court of Justice of the EU (CJEU) held that a…
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Arnecke Sibeth Dabelstein | European Union | 23 Sep 2021

Will European Commission change its policy to allow binding MAPs?

According to the European Commission's drafts for reforming EU rules on vertical agreements, the entity may be prepared to change its policy and allow manufacturers to agree with distributors on binding minimum advertised prices (MAPs). Until now, the Commission has always classified MAPs as illegal vertical price agreements. This could change in June 2022 with the new Vertical Block......
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Arnecke Sibeth Dabelstein | European Union | 2 Sep 2021

Green deal: European Commission shows zero tolerance for cartel conduct

The European Commission has clearly demonstrated its determination to meet the targets of the European Green Deal after imposing fines of €875 million on BMW and Volkswagen Group, which were found to have colluded to restrict the development of a technology that could reduce harmful emissions.
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Fieldfisher | Germany | 19 Aug 2021

Federal Court of Justice declares Booking.com "narrow" best price clause violates competition law

The Antitrust Senate of the Federal Court of Justice recently declared that the "narrow" best price clause used in Booking.com's contracts with hotel companies could not be excluded from the scope of application of article 101(1) of the Treaty on the Functioning of the European Union, arguing that the pro-competitive aspects prevailed after a balancing of interests.
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ALTIUS | European Union | 19 Aug 2021

European Commission publishes draft revised Vertical Block Exemption Regulation and Vertical Guidelines

On 9 July 2021, the European Commission (“Commission”) published a draft version of its revised Vertical Block Exemption Regulation and the related…
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Gorrissen Federspiel | Denmark | 29 Jul 2021

Competition Appeals Tribunal decides on information exchange in dual distribution cases

The Competition Appeals Tribunal has upheld two separate decisions of the Competition Council involving the illegal exchange of information between the brand Hugo Boss and two Danish clothing retailers. The tribunal agreed that the parties' exchange of information on prices, discounts and quantities in relation to future sales on the retail market constituted an infringement by object of......
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Lexology PRO | United Kingdom | 20 Jul 2021

FCA study contradicts CMA price parity decision, CompareTheMarket says

A market study by the UK’s financial services regulator undermines the theory of harm relied on by the country’s antitrust enforcer when it fined CompareTheMarket for using apparently anticompetitive price parity clauses, the company has told the UK’s Competition Appeal Tribunal.
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White & Case LLP | European Union, United Kingdom | 14 Jul 2021

New EU competition rules for distribution agreements

On 9 July 2021, the European Commission (EC) published for public consultation a draft revised Vertical Block Exemption Regulation (VBER) and draft…
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Lexology PRO | European Union | 10 Jun 2021

National enforcers debate their role in DMA enforcement

The EU’s competition authority should commission an expert report on the “institutional and design issues” that need to be addressed before the Digital Markets Act can become law, the head of Greece’s Competition Commission has said.
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Kavčič, Bračun & Partners, o.p., d.o.o | European Union, Slovenia | 23 Apr 2021

Very short introduction on the immense importance of market definition for the imposition of fines (overview of CJEU’s decision in C-857/19 - Slovak Telekom)

Within a span of one month the Court of Justice of the European Union (hereinafter: CJEU) Adopted two decisions concerning competition law proceedings…
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