Nicoleta Tuominen

Nicoleta Tuominen

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ASICS’ ONLINE SALES RESTRICTIONS CONFIRMED AS ILLEGAL BY DUESSELDORF HIGHER REGIONAL COURT

On 5 April 2017, the Duesseldorf Higher Regional Court confirmed the August 2015 decision of the Federal Cartel Office finding that it is anti-competitive and therefore illegal to impose on distributors a general prohibition on the use of online price comparison portals. The Cartel Office had faulted Asics over imposing the following restrictions on its … 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

French probe of Adidas’ online sales restrictions closed

On 18 November 2015, the French competition authority announced that it had closed its investigation into Adidas’ online sales terms, after the company changed the terms. The French competition authority carried out this investigation in cooperation with the German Federal Cartel Office (the Bundeskartellamt). Adidas operates a selective distribution system under which distributors were prohibited … Continue Reading

German Federal Supreme Court confirms successor liability for coffee roasters in spite of corporate restructuring

Early this month, the German Federal Supreme Court (BGH) published its judgment in the appeal filed by Melitta Europa GmbH & Co. (Melitta Europa) against the 2014 judgment of the Düsseldorf Higher Regional Court (OLG). The OLG confirmed a 55 million euro fine imposed in 2009 by the German Federal Cartel Office on Melitta Kaffee, … Continue Reading

Germany’s Federal Cartel Office restricts duration and scope of radius restrictions on branded goods manufacturers

On 3 March 2015, the FCO issued a decision against the operator of the factory outlet centre Wertheim Village, VR Franconia GmbH. The operator of the outlet centre included a non-compete radius clause in its lease agreements, prohibiting most of the 100 tenants (branded goods manufacturers) from opening shops in other factory outlet centres or … Continue Reading

SodaStream fined by the FCO for abusive practices

On 22 January 2015, the German Federal Cartel Office (FCO) fined SodaStream € 225,000 for foreclosing its competitors’ access to the market for refilling of gas cylinders for carbonated drinks machines. In 2006 the FCO found that SodaStream (formely Soda Club), as a dominant company, could not foreclose its competitors from refilling the CO2 cartridges for … Continue Reading

Asics’ German online distribution structure may land in a different place to Adidas

In early 2013, the German competition authority (Bundeskartellamt) opened investigations into the German online distribution systems of sporting goods manufacturers Adidas and Asics.  Both companies operate selective distribution systems, and the Bundeskartellamt took the preliminary view that both companies were imposing on their distributors restrictions regarding online sales that went beyond what was justifiable to … Continue Reading

UK Competition Authority drops investigation into DB Apparel and retailers’ price-fixing allegations

On 13 June 2014, the Competition and Markets Authority (the “CMA”), the Office of Fair Trading’s successor, closed its investigation into allegations of illegal pricing agreements between sports bra manufacturer DB Apparel and three UK department stores.  Having carefully reviewed the evidence in the case, including the representations of the parties concerned, the CMA decided … Continue Reading

Successor liability for competition fines in cases of corporate restructuring confirmed by Higher Regional Court in Germany

In 2009, the Bundeskartellamt (FCO) imposed fines of approx. 159.5 million euros on three coffee roasters – Tchibo GmbH, Hamburg, Melitta Kaffee GmbH, Bremen, and Alois Dallmayr Kaffee oHG, Munich – and on six employees for price fixing.  The FCO found that in the period between early 2000 and mid 2008 the coffee roasters had … Continue Reading

Two Polish distributors of luxury watches fined for unlawful price fixing

The Polish Competition Authority’s probe into the luxury watch sector led to a first round of fines this week – two distributors of branded watches were fined the equivalent of ca. EUR 275,000, for fixing with their downstream retailers minimum retail prices for the sale of watches. PHU Jubiler and Anyro&Co retail and wholesale watches … Continue Reading

Swiss competition commission closes antitrust investigation into cosmetic products distribution

On 21 October 2013, the Swiss competition authority (WEKO) decided to close its antitrust probe into the distribution of cosmetic products through beauty institutes.  In the course of its investigation, the competition authority identified a number of vertical restraints in the distribution agreements concluded between the manufacturers of the cosmetic products and the beauty institutes … Continue Reading

Fashion label fined after TV broadcast alleges resale price maintenance – yet another RPM case from Denmark

So far this year Miele, SH White Goods and Unilever have fallen foul of Denmark’s Competition and Consumer Authority’s (“DCCA”) enforcement efforts against retail price maintenance (RPM).  On October 30, 2013, fashion brand Vila joined them.  Vila and the DCCA reached a DKK 1.6 million settlement after finding that Vila infringed Section 6 of the Danish … Continue Reading
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