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The European Commission Publishes its Final Report on the E-commerce Sector Inquiry

On 10 May 2017 the European Commission published its Final Report on the E-commerce Sector Inquiry (the “Report”).  The Commission’s E-commerce Sector Inquiry, launched on 6 May 6 2015 as part of the Digital Single Market Strategy, gathered evidence from nearly 1,900 companies connected with the online sale of consumer goods and digital content.  The … Continue Reading

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

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

FTC Announces First Consent Order With a Retail Tracking Company

The Federal Trade Commission (“FTC”) today announced that it has entered into a proposed consent order with Nomi Technologies (“Nomi”), marking the agency’s first action against a retail tracking company.  The announcement comes one year after the agency held a workshop on mobile device tracking in the retail environment.  Although the action may indicate increased … Continue Reading

UK CMA launches Article 101 investigation into fashion markets

The UK Competition and Markets Authority (CMA) has opened an investigation into suspected anti-competitive arrangements in UK fashion markets.  Little information has been released, but the case was opened on 24 March 2015 into anticompetitive agreements and concerted practices under Chapter I of the UK Competition Act 1998 and/or Article 101 of the Treaty on … Continue Reading
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