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Can a manufacturer prevent its distributors from selling on eBay or Amazon? The European Court of Justice (CJEU) will soon provide the answer – and could end up in a power struggle with the German Federal Supreme Court. The European Commission and national competition authorities – notably in Germany –...

The European Commission is showing an increased interest in anti-competitive distribution practices, in particular in online and cross-border sales. Competition authorities across Europe have fined brand-name manufacturers for re-sale price maintenance (RPM). Unlike in US federal law, where RPM can often be justified under the rule of reason, the majority...

The European Union’s Competition Commissioner Margrethe Vestager has highlighted the differences which currently exist in the ability of national competition authorities (NCAs) in each EU Member State to enforce competition law. Ms. Vestager, speaking on Friday 20 November at the London School of Economics , stressed how these differences have...

On 12 July 2016 the European Commission finally approved the much debated EU-US Privacy Shield. The Privacy Shield replaces the invalidated Safe Harbor regime as the new framework for transfers of personal data to the US. US companies can start self-certifying for the EU-US Privacy Shield as soon as 1...

On 21 July 2016, the Payment Systems Regulator (PSR) published its final report in its market review into the supply of indirect access to payment systems. This follows a year-long review, interim findings in March 2016 and responses to the interim report. Background: what was the PSR looking at? The...

On 27 July 2016, the French Competition Authority (FCA) fined Henkel France S.A.S. and its wholesaler-importers (based in several overseas French territories) approximately €615,000. The fine was imposed for the unlawful implementation of exclusive import contracts between the parties from March 2013 to February 2016, following the introduction of a...