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In this briefing, we describe how certain employment practices, such as no-poach or wage-fixing agreements, may infringe competition law, a topic that has recently taken centre stage in the US and is also firmly, although more discretely, on the radar of antitrust authorities in Europe, but perhaps not yet on that of companies. Here is why it should be. HR practices are already an antitrust enforcement priority in the US HR practices are already high…
A few days after the Coty judgment,[1] the German Federal Court of Justice[2] (Bundesgerichtshof or BGH) upheld the decision of the Higher Regional Court of Düsseldorf in the Asics case,[3] confirming that Asics, the sport shoes manufacturer, may not prevent its selective distributors from cooperating with price comparison engines to promote the Asics branded products. 1. Background From 2012 to 2015, the German subsidiary of Asics set up a selective distribution system…
A few days after the Coty judgment,[1] the German Federal Court of Justice[2] (Bundesgerichtshof or BGH) upheld the decision of the Higher Regional Court of Düsseldorf in the Asics case,[3] confirming that Asics, the sport shoes manufacturer, may not prevent its selective distributors from cooperating with price comparison engines to promote the Asics branded products. 1. Background From 2012 to 2015, the German subsidiary of Asics set up a selective distribution system…
24 hours after the delivery of the eagerly awaited Coty judgement, the Steptoe EU Competition team is pleased to invite you to an in-person event to debate with lead stakeholders on the consequences of this judgment for the online resale of branded goods in the EU. The event will be held at our premises in Brussels on December 7 from 5:00 pm to 6:00 pm and it will also be video live streamed for those…
Do you need to notify a change from sole to joint control over an existing undertaking when the newly created joint venture is not full-function? This question has been the subject of much debate with the European Commission’s case teams and has poisoned the life of companies and merger control practitioners for over a decade. In a much awaited judgement (September 7, 2017, Austria Asphalt, C-248/16), the EU Court of Justice finally answered the question,…
In an open letter published shortly before the opening of the London Fashion week on September 12, 2017 (see here), the UK Competition and Market Authority (CMA) sent a strong reminder to creative industries that they are prohibited from engaging into price coordination and information sharing between competitors. The CMA Letter: What’s In It? The letter draws on the 2016 model agencies cartel case, in which the CMA fined five businesses and their trade association over…
The Steptoe EU Competition team is pleased to invite you to the webinar “Staying Clear of Online Pricing Pitfalls” on September 20, which will provide practical insights on the antitrust pitfalls and risks raised by price restraints imposed on online distributors, including resale price maintenance and minimum advertised prices. To register, please click here. This webinar is the third in a series of webinars focused on the distribution of goods and services…