SELECTIVE DISTRIBUTION: ONLINE SALE RESTRICTIONS & LUXURY BRAND IMAGE JUSTIFICATION AFTER COTY

  On 6 December 2017 the Court of Justice of the EU (CJEU) delivered a long awaited preliminary ruling in Coty case C-230/16[1], The judgement follows the Advocate General’s opinion and provides guidance on the legality of online sale bans in selective distribution agreements in the EU, focusing on  the ‘luxury brand image’ justification. Background … Okumaya devam et SELECTIVE DISTRIBUTION: ONLINE SALE RESTRICTIONS & LUXURY BRAND IMAGE JUSTIFICATION AFTER COTY

OBSTACLES TO PARALLEL TRADE: ALLEGED ABUSE OF DOMINANCE ON THE BELGİAN BEER MARKET

Starting from June 2016 the European Commission (EC) has been investigating commercial practices of AB InBev in relation to alleged abuse of dominance in the Belgian beer market by pursuing a ‘deliberate strategy’ to prevent supermarkets and  wholesalers from buying Juliper and Leffe at lower prices in the Netherlands and France, and from importing them … Okumaya devam et OBSTACLES TO PARALLEL TRADE: ALLEGED ABUSE OF DOMINANCE ON THE BELGİAN BEER MARKET

AUTOMOTİVE SECTOR CARTEL SETTLEMENTS: JAPANESE SAFETY EQUİPMENT SUPPLİERS THIS TIME…

On 22 November 2017 five Japanese producers of car safety equipment (i.e. car seatbelts, airbags and steering wheels) were fined a total of EUR 34 million by the European Commission for their involvement in one or more of four cartels.[1] Interestingly, the cartels took place outside the EU, i.e. in Japan, but they did affect … Okumaya devam et AUTOMOTİVE SECTOR CARTEL SETTLEMENTS: JAPANESE SAFETY EQUİPMENT SUPPLİERS THIS TIME…

AGRICULTURAL SECTOR: WHAT ARE THE LIMITS TO THE DEROGATION FROM APPLICABILITY OF COMPETITION RULES?

On 14 November 2017 the Court of Justice of the EU (CJEU) delivered its preliminary ruling in Case C‑671/15.[1] The case was referred to the CJEU by the French Court of Cassation and concerned the interrelation between the competition law and agricultural policy in the EU. The main question the CJEU was to provide its clarification … Okumaya devam et AGRICULTURAL SECTOR: WHAT ARE THE LIMITS TO THE DEROGATION FROM APPLICABILITY OF COMPETITION RULES?

“No twice punishment for the same” or Ne bis in idem PRINCIPLE IN COMPETITION LAW

On 25 October 2017 the Turkish Competition Authority (TCA) finalised its 18 month investigation and decided on Mey Icki (Diageo plc’s subsidiary) case. It determined that the company abused its dominant position in the gin and vodka markets in Turkey by way of exclusionary practices against competitors via rebates, visual arrangements at sales points and … Okumaya devam et “No twice punishment for the same” or Ne bis in idem PRINCIPLE IN COMPETITION LAW

The Car Sector In The EU: Unannounced Inspections & More

The car/automotive sector plays an essential role in any economy. Over the past 10 years, the European Commission (EC) has been focusing on protecting competition in this crucial sector: 9 cartels in the automotive sector have been uncovered and  companies have been fined a total of more than EUR 6 billion for their illegal behaviour.[1] Below we … Okumaya devam et The Car Sector In The EU: Unannounced Inspections & More

Procedural Reasons For Successfully Challenging Cartel Cases In The EU

The Court of Justice of the EU (CJEU) on 21 September 2017 delivered its rulings annulling for procedural reasons the judgements of the General Court (GC) in the Italian reinforcing bars cartel C-85/15 P Feralpi, (as well as C-86/15 P C-87/15 P Ferriera Valsabbia&Valsabbia Investimenti/Alfa Acciai, C-88/15 P Ferriere Nord,  and C-89/15 P Riva Fire). Now the European … Okumaya devam et Procedural Reasons For Successfully Challenging Cartel Cases In The EU

INTEL CASE AND CONTROVERSIAL REBATES IN THE EU: EFFECT ASSESSMENT IS CRUCIAL

On 6 September 2017 the Court of Justice of the EU (CJEU) delivered its judgement in Intel Corporation Inc. v European Commission (Case C-413/14 P). The judgement cancelled the 2009 General Court’s (GC) judgement supporting the European Commission’s (EC) finding of abuse of dominance by Intel and imposing a record EUR 1,06 billion fine. Now … Okumaya devam et INTEL CASE AND CONTROVERSIAL REBATES IN THE EU: EFFECT ASSESSMENT IS CRUCIAL

Reminder: merger procedural rules are important

In July 2017 the European Commission (EC) launched investigations into alleged breaches of EU merger procedural rules by Merck and Sigma-Aldrich, General Electric, and Canon, in particular by providing incorrect or misleading information by the first two companies; and by implementing a merger before notification and clearance by the latter company. This is just another reminder for … Okumaya devam et Reminder: merger procedural rules are important

Patent settlement agreements in pharma: EC’s preliminary view on Teva/Cephalon

On 17 July 2017 the European Commission (EC) sent Statement of Objections to pharmaceutical company Teva with its preliminary view that a patent settlement agreement concluded with Cephalon was in breach of EU competition law. Under the agreement, Teva committed not to market a cheaper generic version of Cephalon's drug for sleep disorders, modafinil. In … Okumaya devam et Patent settlement agreements in pharma: EC’s preliminary view on Teva/Cephalon

Developments On Vertical Agreements In Turkey: Draft Guidelines Are Open To Public Consultations

On 20 July 2017, the Turkish Competition Authority ("TCA") announced its draft amendments to the Guidelines on Vertical Agreements ("Draft Guidelines") on its website and provided the opportunity to the interested parties, including both the consumers and the undertakings, which are active in the markets that the amendments relate to, either to explain the market structure … Okumaya devam et Developments On Vertical Agreements In Turkey: Draft Guidelines Are Open To Public Consultations

CONTROVERSIAL EXCESSIVE PRICING: THE TCA IS INVESTIGATING ALLEGED ABUSE OF DOMINANCE BY SAHIBINDEN

On 5 June 2017 the Turkish Competition Authority launched an investigation into alleged abuse of dominance by Sahibinden.com via implementing excessive pricing. The case is expected to shed a light on such a debated issue as to what extend the excessive pricing shall be considered as a violation of competition law (if at all), as … Okumaya devam et CONTROVERSIAL EXCESSIVE PRICING: THE TCA IS INVESTIGATING ALLEGED ABUSE OF DOMINANCE BY SAHIBINDEN

GOOGLE & EU RECORD ANTITRUST FINE

On 27 June 2017 the European Commission decided to impose an unprecedented EUR 2,42 billion fine on Google (Google Inc. and Alphabet Inc.) for  an abuse of dominance by favouring its own shopping service/ads in internet searches (comparison shopping market). Previous EC record antitrust fine on a single company was EUR 1,06 billion for Intel … Okumaya devam et GOOGLE & EU RECORD ANTITRUST FINE