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FCO’s draft guidance note on vertical price fixing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
2016 in review: EU cartel fines with all-time high
European Commission imposed cartel fines totaling EUR 3.73 billion
Beware of competition law liability for employees, subsidiaries, agents and independent service providers
ECJ rules on the liability of undertakings for anti-competitive conduct by independent service providers
Proposed legislative amendments to German antitrust law
Long-awaited ministerial draft published for public consultation
