GT London Law Blog

GT London Law Blog

Legal Advisers for a Changing World

Category Archives: Antitrust Trade & Regulation

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Nike Fined €12.5 Million for Restricting Intra-EEA Sales

Posted in Antitrust Trade & Regulation
In a warning shot to businesses using intellectual property rights to restrict cross-border sales within the European Economic Area (EEA), on 25 March 2019 the European Commission fined Nike €12.5 million for banning traders of licenced football merchandise from selling to other EEA countries. The decision underscores the Commission’s commitment to eliminating commercial practices that threaten the… Continue Reading

Frankfurt Court Approves Online Marketplace Restriction for Luxury Perfumes

Posted in Antitrust Trade & Regulation
The Higher Regional Court of Frankfurt ruled on 12 July 2018 that manufacturers of luxury products are permitted to restrict authorised resellers from reselling on online marketplaces. The marketplace restriction at issue was imposed by Coty Germany on Parfümerie Akzente, one of its authorised distributors, to prohibit it from distributing Coty perfumes on a third-party… Continue Reading

CJEU: Online Platform Bans in Selective Distribution Arrangements Permitted Where They Protect ‘Aura of Luxury’ of Luxury Goods – But What is a ‘Luxury’ Good?

Posted in Antitrust Trade & Regulation
On 6 December 2017 the EU Court of Justice (CJEU) issued its long-awaited preliminary ruling in the case of Coty Germany GmbH v Parfümerie Akzente Gmbh, on issues referred from a Frankfurt court concerning the distribution of luxury goods. The ruling follows the approach recommended in the opinion of CJEU Advocate General Wahl, issued in… Continue Reading

The UK Votes to Leave the European Union

Posted in Antitrust Trade & Regulation, Brexit, Competition Law
The UK voted yesterday to leave the European Union. The timetable for the UK’s exit, the terms of exit, and the UK’s post-exit relationship with the European Union (EU), are still to be determined, which will take time. Until these issues are clarified, firms with a UK presence, or UK customers, will have to address… Continue Reading

OFT investigates pricing restrictions in sale of mobility scooters and sports bras

Posted in Antitrust Trade & Regulation
Written by Lisa Navarro In September 2013, the Office of Fair Trading (“OFT“) issued statements of objection (“SO“) in two separate resale price maintenance cases. The first relates to the sale of sports bras, and the second to mobility scooters. Distinct products, sold in different ways, but both have allegedly been the subject of arrangements… Continue Reading

EU merger control: reform with a small ‘r’ (but do not underestimate its value)

Posted in Antitrust Trade & Regulation
Written by Simon Harms | Stephen C. Tupper As many businesses will be acutely aware, the preparation of merger control notifications to the European Commission (the “Commission“) under the EU Merger Regulation (the “EUMR“) in respect of M&A transactions requires a considerable amount of effort by in-house teams and external legal and economic advisers and… Continue Reading

Commission ready to declare maritime transport a sector like any other

Posted in Antitrust Trade & Regulation, Competition Law
Written by Simon Harms and Stephen C. Tupper On 4 May 2012, the European Commission (the “Commission”) announced its preliminary intention not to renew its sector-specific guidelines on the application of the European Union (“EU”) competition rules to maritime transport services (the “Maritime Guidelines”). As a prelude to implementation, the Commission has issued a working… Continue Reading

EU competition: industry standards and antitrust compliance

Posted in Antitrust Trade & Regulation, Competition Law, Regulatory
Written by Simon Harms On 14 December 2010, the European Commission (the “Commission”) adopted a new suite of rules governing co-operation between actual or potential competitors, consisting of (i) guidelines on the applicability of EU competition law to horizontal co-operation agreements (the “Guidelines”) and (ii) two new block exemption regulations covering: (1) R&D agreements; and… Continue Reading

The European Commission’s Intel Decision

Posted in Antitrust Trade & Regulation
Written by Stephen C. Tupper On May 13, 2009, the European Commission (the “Commission”) published a summary of a decision1 confirming its view that Intel Corporation was guilty of serious anti-competitive conduct during a period from 2002-2007 in an important microprocessor market and, consequently, the Commission imposed a massive €1.06 billion fine on Intel. (A… Continue Reading

Whistleblowing and Dawn Raids — Sportswear Giants at it Again

Posted in Antitrust Trade & Regulation, Competition Law
Written by Stephen C. Tupper | Lisa Navarro On 10 September 2009 the Office of Fair Trading (OFT) and the Serious Fraud Office (SFO) dawn-raided the offices of Sports Direct. The dawn raid is the first public step by the OFT in its investigation into alleged anti-competitive agreements between Sports Direct and JJB Sports. Whilst… Continue Reading