European Court of Justice rules that successor companies may be held liable for damages caused by infringements of EU competition rules by their predecessors where the latter have ceased to exist
Digital Pricing, Resale Price Maintenance and the use of algorithms
European Commission fines four consumer electronics manufacturers EUR 110 million for imposing fixed or minimum resale prices on their online retailers
“Gun-Jumping”: The European Commission vigorously enforces the standstill obligation in merger control proceedings by imposing a high fine
On 24 April 2018, the European Commission has imposed a EUR 124.5 million fine on Altice for exercising decisive influence prior to merger control approval and thus infringing the so-called standstill obligation.
German Federal Court of Justice decides that EDEKA abused its buyer power by requesting ”wedding rebates”
On 23 January 2018, the German Federal Court of Justice (“FCJ”) held that a dominant purchaser on a purchasing market violates the so called “Anzapfverbot” by requesting unjustified benefits from the supplier.
German Federal Court of Justice: Minimum resale price maintenance always appreciable
The Federal Court of Justice held that the fixing of minimim resale prices constitutes a restriction of competition “by object” which is appreciable regardless of its effects.
European Court of Justice: Coty-judgment on platform bans
European Court of Justice clarified that a marketplace ban for the online distribution of (luxury) products does not infringe Art. 101 (1) TFEU.
Intel judgment by the ECJ: new assessment of rebate schemes or just a different scope of judicial review?
In its recent Intel judgment the European Court of Justice referred the decision on the illegality of alleged exclusivity and loyalty rebates back to the General Court. It thereby significantly broadened the scope of judicial review for such rebates without, however, yet deciding on their substantive compliance with Art. 102 TFEU in the specific case at hand.
Legislative Amendments to German Antitrust Law
Long-awaited amendments found their way into German law
Gun-Jumping – Antitrust Enforcement in M&A Transactions
Global trend of increased enforcement action in gun-jumping cases
FCO’s draft guidance note on vertical price fixing
How to avoid allegations of resale price maintenance in Germany