parliment flags

We reported in January 2017 on how a Portuguese Court has asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse of a dominant positon under Article 102 (c) Treaty for the Functioning of the European Union (“TFEU”). Article 102(c) is often invoked when a dominant company supplies an input or raw material at different prices to competing customers. These competitors then process it into –Read More–

Introduction On 19 December 2017, the German Federal Cartel Office (FCO), issued a press release alleging that Facebook had abused its dominant position on the market for social networks in Germany. It specifically alleges that it forces users to sign up on a ‘take it or leave it’ basis to Facebook’s use and collection of their data. Facebook then uses this broad consent to monitor users’ non-Facebook data and merge those details with the users Facebook/Instagram/Whatsapp data for use in –Read More–

In what is being hailed as landmark case in distribution law, the Court of Justice of the European Union (the ‘CJEU’) on 6 December 2017 gave a judgment confirming that luxury goods suppliers can ban sales through online marketplaces. The case brings some clarity to the law and may be greeted with a sigh of relief by luxury goods manufacturers. However, in reality, does it really change market practice? The case concerned the German luxury cosmetics brand Coty, and a –Read More–