Latest Articles

On February 14, 2019 the European Commission, European Parliament and Council of the European Union agreed to implement new rules designed to ensure a fair, transparent and predictable business environment to the benefit of both end consumers and entrepreneurs using third-party online platforms for their business. The Council and European Parliament will adopt these new rules by way of EU regulations. Further improvement of the current rules will occur to keep pace with changes affecting…
On February 14, 2019, the European Commission, European Parliament, and Council of the European Union reached agreement on new rules designed to ensure a fair, transparent and predictable business environment to the benefit of both end consumers and entrepreneurs using third party online platforms for their business. The new rules will be implemented by way of an EU regulation to be adopted by the Council and European Parliament. Members of our competition team have outlined the main…
Digital transformations in commerce steadily increase the variety and availability of products and give consumers access to retail offers beyond geographic boundaries on a 24/7 basis. While the increase of e-commerce might enhance inter- and intra-brand competition, it heavily impacts the traditional retail landscape. Brand manufacturers suffer from less price stability and retailers find it increasingly difficult to profitably sell branded goods through their brick and mortar sales channels, which may even lead to a…
The European Commission recently published its long-awaited final report on its E-commerce Sector Inquiry launched two years ago. Therein, the Commission identifies that pricing limitations, dual pricing (i.e., charging different prices according to the channel through which a product is sold) and platform bans are among the most widespread vertical competition restraints in e-commerce implemented particularly often in distribution agreements between manufacturers and retailers in Germany. The report contains some helpful guidance on the competition…
In the course of its E-commerce Sector Inquiry (Sector Inquiry) launched in May 2015, the European Commission gained an insight into the standard business practices engaged in by producers of consumer goods when distributing their products online. The Sector Inquiry, which formed part of the Commission’s wider Digital Single Market Strategy, was recently completed, with the European Commission publishing its long-awaited final report (Report) on 10 May 2017. Information on the Sector Inquiry and all…
The upcoming ninth amendment of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, ARC), which has already been approved by the German Federal Parliament (Bundestag) and the German Federal Council (Bundesrat), is expected to enter into force shortly. The new law is tailored to adapt German competition law to the specific features of digital markets, for instance, when assessing the market power of digital platforms. The traditional turnover-based concepts proved inadequate in capturing…
The “Digital Strategy 2025”, adopted by the German Federal Government on March 1, 2016, aims to ensure that Germany remains a growing, modern and significant financial marketplace in an increasingly digitalized environment. Measures proposed under the Digital Strategy 2025 include the further development of Germany’s regulatory landscape, in particular in the areas of competition and consumer rights. On March 20, 2017, the German Federal Ministry for Economic Affairs and Energy (Bundesministerium für Wirtschaft…