Antitrust & Competition Blog

Today is the day: on Monday, December 3, the Geoblocking Regulation (the Regulation) starts applying to online businesses operating across several EU Member States. For those who feel like they need a refresher, below we provide an overview of what is in the Regulation – as well as what is not. The Regulation in a Nutshell The Regulation lays down rules relating to access to online interfaces, access to goods and services and non-discrimination for…
On 20 November 2018, the European Parliament, the Council and the Commission reached a political agreement on the proposed EU framework for screening of foreign direct investments (FDIs). The proposal, put forward by the Commission in September 2017, aims at protecting key strategic industries and assets in Europe whilst maintaining the EU’s appeal to foreign investors. While other countries such as Australia, Canada, China, India, Japan and the US, as well as 12 of…
Brexit may well be around the corner, but antitrust enforcement is still alive and well on the other side of the Channel. On November 2, 2018, the Competition and Markets Authority (CMA), the UK national competition authority, announced that it had provisionally found that ComparetheMarket, a home insurance price comparison site, may have infringed both UK and EU competition law by inserting wide most favored nation clauses (Wide MFN) in its contracts with home insurers.…
With Halloween around the corner, the French Competition Authority (FCA) is revisiting chainsaw massacre: on October 24, 2018, it adopted a decision imposing a 7 million euros fine on chainsaw manufacturer Stihl for imposing a de facto ban on online sales to its distributors (see press release here). Even more importantly, contrasting with previous French cases, the Stihl decision also clears a platform ban that the manufacturer imposed on its distributors, thus extending the reach…
The Competition Law Journal published on 1 October 2018 an article by Yves Botteman and Daniel Barrio Barrio on the Coty case. The article examines the European Court of Justice’s judgment in Coty and its implications for distribution arrangements, as regards both the application of Article 101 TFEU and the Vertical Restraints Block Exemption Regulation to selective distribution arrangements and restrictions on internet sales via third-party platforms. It also considers the European Commission’s response to the Coty judgment (including…
Steptoe contributed to the second edition of David Ashton’s book on Competition Damages Actions. The book provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation across the EU. This edition also features insights in over 10 countries across Europe. Steptoe attorneys Jean-Nicolas Maillard and Camille Keres contributed by providing an overview of recent antitrust damages development in France. Find out more about the book.…
In a July 27 article, Global Competition Review covered Steptoe’s representation of Coveto in the French Competition Authority’s distribution of veterinary products cartel case. The outcome of the case led to the French Competition Authority imposing fines totaling €16 million on wholesale distributors of veterinary medicinal products in France for cartel practices (see the French Competition Authority’s press release). It is the 10th settlement case in France and the first one in 2018. Steptoe partner Jean-Nicolas…
Introduction  On 25 July 2018, Advocate General (AG) Kokott issued a non-binding Opinion in case C-265/17 P, Commission v United Parcel Service, advising the Court of Justice of the EU (CJEU) to dismiss the Commission’s appeal against the judgement of the General Court (GC) that annulled the Commission’s decision to block the proposed acquisition of TNT by UPS. UPS notified the proposed acquisition of TNT for approximately EUR 5 billion on 15 June 2012. More…
Today, in four separate decisions, the European Commission (EC) fined consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer €111 million for imposing fixed or minimum resale prices on their online retailers, as well as limiting the ability of retailers to sell cross-border (see press release here). The topic of vertical restraints is admittedly not new – quite the opposite, in fact. However, today’s decisions are highly relevant for businesses engaging into e-commerce,…
In an unanimous decision, the Supreme Court has gutted the Second Circuit’s rule on deference to a foreign government’s interpretations of its law, holding that a federal court determining foreign law under Federal Rule of Civil Procedure 44.1 should accord “respectful consideration” to a foreign government’s submission, but a court “is not bound to accord conclusive effect” to these statements. The case is Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., which began…