Jennifer Boudet

Jennifer Boudet

Jennifer Boudet’s practice focuses on all areas of EU competition law, including cartel investigations, abuse of dominant position cases, state aid cases, as well as regulatory issues.

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German Bundeskartellamt’s Decision against Online Sales Restrictions by ASICS Ultimately Confirmed

In its decision of 12 December 2017, the German Federal Supreme Court (Bundesgerichtshof – BGH) dismissed ASICS’ application to appeal the 2017 judgment of the Düsseldorf Higher Regional Court (OLG) on alleged online sales restrictions.  The BGH confirmed that prohibiting the use of price comparison websites by retailers constitutes a hardcore restriction under EU competition … Continue Reading

Luxury Goods Manufacturers May Block Certain Online Sales on Third-Party Platforms

By Jennifer Boudet, Miranda Cole and Gemma Nash. On 6 December 2017, the Court of Justice of European Union (CJEU) issued its long-awaited Judgment in Coty Germany GmbH v Parfümerie Akzente GmbH.  Taking an approach similar to that adopted by Advocate General (AG) Wahl in his Opinion in July, the CJEU found that a supplier of luxury goods may prevent … Continue Reading

German Court sends online sales bans to ECJ

On 25 April, the German Higher Regional Court in Frankfurt filed a request for a preliminary ruling with the European Court of Justice (“ECJ”) in a case that turns on the ability of branded goods manufacturers to protect the reputation of their brands by controlling online trade. Coty is suing one of its authorised distributors, … Continue Reading

UK CMA Opens Investigation into Online Sales of Licensed Sport and Entertainment Merchandise

The UK Competition and Markets Authority (“CMA”) has opened an investigation into suspected anticompetitive arrangements relating to online sales of licensed sport and entertainment merchandise and other consumer products. The opening of the investigation follows raids on December 1, 2015 at the headquarters of Trod Limited, a UK retailer of toys and sports products (doing … Continue Reading

French Competition Authority adopts broad view on online sales market

On 28 November 2014, the French Competition Authority (“FCA”) dismissed an action against Vente-privee.com (“Vente-Privee”), a French “online sales” (or “online private sales”) site, opened following a complaint from competing e-commerce company, BrandAlley, regarding the alleged imposition of abusive exclusivity clauses in its contracts with its suppliers. Vente-privee.com offers products from multiple  brands to a … Continue Reading

The Jewelry Cartel – An illustration of China’s Activism against Resale Price Maintenance

In August 2013, China’s top economic planner, the National Development and Reform Commission (“NDRC”), fined five domestic jewelers and a trade association after finding that they had fixed prices for their gold and platinum products. According to the NDRC, the Shanghai Gold and Jewelry Trade Association (“the Trade Association”) and some of its main members … Continue Reading

Resale price maintenance and vertical price-fixing agreements in the French luxury perfumes sector

Last month the highest French court – the Cour de cassation – upheld a fine of more than € 40 million imposed on 13 luxury perfume manufacturers (including Chanel and Guerlain) and three giant retailers on the French market (Marionnaud, Séphora and Nocibé) for price fixing.  The Cour de cassation confirmed the finding of an … Continue Reading

Urban Decay to be acquired by L’Oréal

L’Oréal announced on Monday 26 November that it signed an agreement with Castanea Partners, a private equity firm, to acquire the US make-up brand Urban Decay Cosmetics LLC — one of the fastest-growing specialty make-up brands in the US.  The acquisition is subject to regulatory approval, which is expected by the end of the year.  The … Continue Reading
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