The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (see judgment of October 13, 2011, case C-439/09) have been on the agenda in Germany for some time. Recently, the Frankfurt Court of Appeals has submitted a…

The European Commission recently published its decision clearing the joint acquisition by Electricité de France S.A. (EDF) and China General Nuclear Power Corporation (CGN) over a group of companies active in the nuclear energy sector. The decision provides a warning that transactions involving a Chinese State-owned enterprise (SOE) may trigger a mandatory notification to the…

On 21 April 2016, the Advocate General Nils Wahl issued his Opinion in Case C-221/15 – a proceeding initiated by a request for preliminary ruling from the Brussels Court of Appeal. The case concerns the compliance of the prohibition upon retailers to sell tobacco products below the price indicated on the tax stamps by manufacturers…

The insurance block exemption regulation (IBER) protects statistical cooperation and certain joint insurance arrangements (inter alia line slips, pools, consortia, joint binding authorities). The EU report examining the IBER’s renewal concludes it is either superfluous or superseded.  But the report leaves many practitioners scratching their heads.  The report miss-describes industry fundamentals and omits essential practices benefitting…

In her recent opinion, Advocate General J. Kokott went over one of the most important elements for companies facing cartel sanction: the fines calculation method. If this specific point is often challenged by the parties, the Court of Justice of the European Union’s (ECJ) upcoming judgement Pilkington Group Ltd and Others v European Commission may…

Summary On 10 March 2016, the European Court of Justice (ECJ) handed down judgments1)Case C‑247/14 P – HeidelbergCement AG v European Commission; Case C‑248/14 P – Schwenk Zement KG v European Commission; Case C‑267/14 P – Buzzi Unicem SpA v European Commission; Case C‑268/14 P – Italmobiliare SpA v European Commission; and ECJ press release…

Co-authored by Patrick Harrison and Audrey Silvain, Sidley Austin LLP.   There are few distinctions more important in EU competition law than that between the notion of a restriction “by object” – where a regulator need not demonstrate that conduct had anti-competitive effects – and the notion of a restriction “by effect,” where a regulator…

The summaries of the pleas of the actions for annulment lodged by Luxembourg and the Netherlands in the Fiat and Starbucks cases respectively were recently published (see here and here).  Moreover, the pleas of Fiat in its own action for annulment against the Commission’s decision were also published (see here). These pleas are important because…