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parliment flags

On the 25 November 2015, the European Commission published new thresholds, over which, the EU public procurement rules on advertising and the award of relevant contracts apply to a contractor sought by the public sector purchasers. The thresholds are amended every two years, this latest amendment will affect all three of the main procurement Directives, Directive 2014/23 (Concessions Directive), Directive 2014/24 (Public Sector Directive) and Directive 2014/25 (Utilities Directive). Crucially, the thresholds have been revised slightly upwards, meaning no seismic change –Read More–

Individualization of penalties is a fundamental principle of criminal and antitrust law. In our EU & Competition Law update of May 2014, we underlined that the French Supreme Court considered that the mere fact that a company which engaged in anti-competitive practices belonged to a corporate group was not sufficient ground to deem that other group companies played a role in, and should be sanctioned for, such anti-competitive practices. The European Court of Justice (“ECJ”), in its decision C-597/13 of –Read More–

The anti-competitive effects of price parity clauses – or most favored nation clauses – used by online travel agencies (“OTAs”) in their contracts with hoteliers have been under increasing scrutiny by both national courts and EU regulators (see the February 2015 and June 2015 editions of the EU & Competition Law Bulletin). This topic has now been addressed by law-makers in France through a specific amendment to the French Code of Tourism which puts an end to price parity clauses –Read More–