Vertical Restraints: The Proposed Amendments to the Block Exemption Regulation And Guidelines
|
|
- Eustacia Arnold
- 5 years ago
- Views:
Transcription
1 Vertical Restraints: The Proposed Amendments to the Block Exemption Regulation And Guidelines Henriette Tielemans David Hull dhull@cov.com Miranda Cole mcole@cov.com
2 David Hull Partner, Covington & Burling LLP Tel: David Hull is a partner in the firm's Brussels office and is head of its EU competition practice. He began practising EU competition law in He represents clients before the European Commission and EU courts in Luxembourg and advises them on all aspects of competition law. In the field of distribution law, he has deep experience in advising clients on the structuring of their pan-european distribution networks, and dealing with the full range of competition issues that they face, including parallel trade, pricing, non-competes, exclusivity and supply quotas. 2
3 Henriette Tielemans Partner, Covington & Burling LLP Tel: Henriette Tielemans is a partner in the firm s Brussels office who specializes in European distribution and franchising law, and European commercial matters. Ms. Tielemans regularly advises multinationals on all aspects of distribution and licensing, including commercial law aspects such as termination rights and dispute regulation mechanisms. The EC Block Exemption on Vertical Restraints, the EC Block Exemption on motor vehicles, price discrimination, warranty issues, parallel trade, retention of title issues, sales to grey traders or outside of allocated territories, no-competes, goodwill indemnities upon termination or expiry of the agreement, and market dominance, are only a handful of issues on which Ms. Tielemans regularly advises. Ms. Tielemans has particular expertise in structuring pan-european franchise networks, including registration of franchisors and pre-contractual disclosure requirements in a number of EU Member States. 3
4 Miranda Cole Special Counsel, Covington & Burling LLP Tel: Miranda Cole is a special counsel based in the firm s Brussels office. She practices competition and communications law and policy, and has more than 15 years of experience in the field. Ms. Cole s competition law expertise encompasses merger control, actions under Article 102 EC, advisory work and actions before the European courts in Luxembourg. She has advised on over 55 mergers over the last five years, and has expertise in advising companies active in the technology and communications sectors. In addition, she has extensive experience in the communications sector, across all aspects of regulation, policy and competition law relating to the sector, and counselling relating to the impact of regulation on transactions. 4
5 Overview Introduction to The Current Rules Significant Proposed Changes Definition of Agreement 30% Buyer Market Share Threshold Resale Price Maintenance Online Sales 5
6 Legislative Framework Article 101 of the Treaty: prohibits anticompetitive agreements and concerted practices Article 102 of the Treaty: prohibits abuse of dominance Block Exemption on Vertical Restraints (Reg. No. 2790/1999) + detailed Guidelines Came into effect in 2000 and expires in May 2010 Applies to all distribution agreements where the supplier has less than 30% of the market 6
7 Block Exemption on Vertical Restraints Deals with restrictions that suppliers put on their supply chains (wholesale and retail) Does not tell you what you can put in your distribution agreement Tells you what you cannot put in the agreement (hard core restrictions) Agreement null and void + fines 7
8 Choices to be made Direct Sales Agency Franchise System Open System Selective Distribution Exclusive Distribution 8
9 Choosing the Right System for You: What is Your Greatest Concern? Maximum control of your retail chain? Sales by unauthorized resellers? Geographical concerns? 9
10 Whatever You Do, Do It EU Wide Avoid mixing systems Avoid white areas 10
11 Things You Are Always Allowed to Do (below the 30% market share threshold) Exclusive distribution system: Respect (limited) exclusivity granted to another distributor (active sales) Respect customer allocation (active sales) Ban competing products (max five years) Selective distribution system: Restrict sales to grey traders Location restriction Ban competing products (max five years) 11
12 Things You Are Never Allowed To Do Exclusive distribution system: Resale price maintenance (directly or indirectly) Restrict passive sales throughout the EU/EEA Restrict the "buyer of your buyer" -no cascade control (explains increasing elimination of third party wholesale function) Selective distribution system: Resale price maintenance (directly or indirectly) Restrict any sales in the EU/EEA (passive or active) Exclusive supply obligation 12
13 DON'TS (examples) No sales "outside the Territory" No sales to XYZ or certain categories of retailers (supermarkets) Different supply prices depending on location of end Customer Variable bonus rewarding local sales Monitoring system with penalties No internet sales 13
14 The Proposed Revisions 14
15 Timeline of the Revision Process July 28, 2009: Commission publishes draft revision to the Block Exemption Regulation and Guidelines and solicits comments by the end of September Late Early 2010: Planned adoption of new rules by existing or new Commission. 31 May 2010: Expiration of the current Block Exemption Regulation. 15
16 Significant Proposed Changes Definition of a vertical agreement The 30% buyer market share threshold Resale price maintenance Category management Upfront access payments Online sales 16
17 Definition of a Vertical Agreement Why does it matter in practice? Unilateral acts by a non-dominant supplier fall outside scope of competition rules Most prominent example: supply quota systems where a supplier limits the amount of product available to its distributor in an attempt to cut down on parallel trade Widespread use in pharma sector, but can also be used in other sectors 17
18 Definition of a Vertical Agreement In case there is no explicit agreement the Commission will have to prove that the unilateral policy of one party receives the [explicit or tacit] acquiescence of the other party For instance, if after a supplier's announcement of a unilateral reduction of supplies in order to prevent parallel trade, distributors reduce immediately their orders and stop engaging in parallel trade, then those distributors tacitly acquiesce to the supplier's unilateral policy. Draft Guidelines on Vertical Restraints, 25 If the supplier doesn t need the compliance of the distributor, why is the distributor s compliance or refusal relevant? The fact that the distributor stops engaging in parallel trade does not necessarily mean that it agrees with the supplier s policy it may simply no longer have enough product available for export. 18
19 The 30% Buyer Market Share Threshold 19
20 The 30% Buyer Market Share Threshold The new requirement under the draft Block Exemption the market share of the buyer may not exceed 30%. The Commission is concerned about anticompetitive restrictions imposed by strong buyers (e.g. supermarkets). This requirement creates uncertainty for suppliers: How do you determine the buyer s market share? Even small buyers may be above the threshold in small markets. 20
21 Resale Price Maintenance 21
22 Resale Price Maintenance Resale price maintenance remains a hardcore restriction under the draft Block Exemption. Nevertheless, resale price maintenance may be justifiable in certain circumstances: Entry of a new product or entry of an existing product into a new market Avoiding sales as a loss leader Supporting short-term low-price sales campaigns 22
23 Category Management Agreements Retailer Category Captain 23
24 Category Management Agreements Agreements for the appointment of a category captain are block exempted below the market share thresholds. Above the thresholds, the Commission will look to whether such agreements result in the foreclosure of other suppliers or unlawful collusion among competitors. Even below the threshold, it is important that parties do not use their role as category captain to collude with competitors or exchange sensitive information with competitors. 24
25 Upfront Access Payments 25
26 Upfront Access Payments Upfront access payments include shelving fees, payto-stay fees, payments for access to distributor/ retailer promotion campaigns. Agreements providing for upfront access payments are block exempted below the market share thresholds. Above the thresholds, the Commission is concerned that such payments will foreclose other distributors/retailers or smaller suppliers. 26
27 Online Sales 27
28 Growth of online commerce (and ads) Online commerce increasingly significant: EU17 online retail revenues forecast to hit 203 billion by 2014, up from approximately 118 billion in 2008 [Forrester] while ca. 25% growth rates (seen until 2005) slowing, only slowing to ca. 8-10% - still not bad B2B and C2C ecommerce forecast to continue growing at over 10%. 28
29 Growth of online commerce (and ads) Online advertising also growing (in absolute terms and as proportion of all advertising): ongoing shift from traditional to online media [Randall Rothenberg, IAB] 2009 estimated share of online ad spend [IAB, emarketer] As proportion of total spend: UK 30% Spain 11% Italy 8% Germany 14% France 12% In absolute terms: UK 3.4 billion Spain 0.7 billion Italy 0.8 billion Germany 3.1 billion France 1.9 billion 29
30 What are online ads? Something more than just ? search ads natural/organic/classified ads Search ads Search ads Search ads Natural/organic ads Natural/organic ads 30
31 What are online ads? contextual ads Contextual ads Contextual ads 31
32 What are online ads? banner/display ads Banner ad Banner ad 32
33 The role of ad exchanges Search/contextual ads Search terms/page content matched to key words (& other target specifications) Ad exchange finds ads that match key words Auction performed and ads shown Model now used for banner/display ads page publisher tells exchange the page has space, and provides information about the user (based on past online activity, shopping habits etc) Advertisers bid on space (bids depending on user, time of day etc) Winners ad slotted into page User clicks on ad, and advertiser pays 33
34 The role of ad exchanges Advertisers can target ads by: language location (country, region, global) selecting sites (advertiser searches for sites to target) demographically-selected sites (generally using comscore panel data) Advertisers choose key words (as many as they choose) and write ads around those words Advertisers set budget (including maximum amount per click (for search ads, managed and automated content placements) Advertisers select bidding option (e.g., focus on clicks) 34
35 The Block Exemption and online ads The hardcore restrictions include a restriction by the supplier of the territory into which/customers to whom, a buyer may sell except to restrict active sales into the exclusive territory/to exclusive customers reserved to another buyer/the supplier (where the restriction does not limit sales by the buyer s customers) The active / passive distinction is the key restricting passive selling brings the entire agreement down 35
36 The Guidelines and online ads - today Para. 50 General advertising on the Internet that reaches customers in other distributors exclusive territories/customer groups but which is a reasonable way to reach customers outside those territories/groups are passive sales. Para. 51 A web site that is not specifically targeted at customers primarily inside another s territory/customer group (e.g., with banners/links specifically available to those customers) it is not a form of active selling. Unsolicited s sent to customers (or groups) are active selling. A supplier cannot reserve to itself Internet sales and/or advertising. 36
37 The Guidelines and online ads - proposed Para. 51 General advertising on the Internet that reaches customers in other distributors exclusive territories/customer groups but which is a reasonable way to reach customers outside those territories/groups are passive sales. General advertising is a reasonable way to reach such customers if it would be attractive (for the buyer) to make these investments if they would not reach customers in other distributors exclusive territories/groups. Para. 52 Every distributor must be free to use the Internet to advertise or sell. A restriction could only be compatible with the VBER to the extent that promotion on/sales over the Internet would lead to active selling in/to another s territory/customers. Generally, the Internet is not active selling, since it is a reasonable way to reach every customer. The fact that it may have effects outside territory/customer groups results from the technology. 37
38 The Guidelines and online ads - proposed Para. 52 cont d. If a customer visits a site and contacts the distributor, that is passive selling. Language used on the website/in communication plays no role. The following are hardcore restrictions of passive selling by exclusive distributors: requiring them to prevent customers in one territory from viewing websites in another requiring them to automatically reroute such customers to others sites requiring them to terminate transactions once credit card data reveals an address outside the distributor s territory. Para. 53 Generally, a website is not considered to be a form of active selling to certain customers unless it is specifically targeted at these customers (e.g., online advertisement specifically addressed to certain customers is a form of active selling to those customers). 38
39 Are online ads active or passive selling? Guidelines (current and proposed) focus on online sales made to customers who navigate directly to sites Internet ads that are a reasonable way to reach customers outside others exclusive territories are a reasonable way to reach customers, and are passive selling Proposed Guidelines acknowledge that online promotion can be active, but para. 53 suggests that this is only the case when online ads are specifically addressed to certain customers. Are key word-based search, contextual and display/banner ads specifically addressed to the searcher/reader? They are (can be) bid on individually, reflecting: language location past online activity (including shopping habits) time demographics 39
40 Are online ads active or passive selling? Underlying principles: A supplier cannot reserve Internet advertising to itself Distributors must be free to use the Internet to advertise Take a Belgian (exclusive) distributor bidding on German search ads (where Germany is reserved to another exclusive distributor/supplier): If search and banner ads are active selling, can suppliers limit exclusive buyers from buying ads in territories reserved to another buyer/the supplier given the growth of such targeted advertising, would this be consistent with the underlying principles? If search and banner ads are passive selling, are all restrictions hardcore (such that a restriction on buying ads in territories reserved to another buyer/the supplier would nullify the entire agreement) or are there only specific restrictions that would do so (as per para. 52)? 40
41 QUESTIONS? You may join the queue to ask a question by pressing 14 now You can withdraw your question by pressing 13 at any time 41
42 Thank you David Hull Henriette Tielemans Miranda Cole 42
Luc Peeperkorn Principal Expert in Antitrust Policy
2 nd FEB IEJE Competition Day Brussels, 30 September 2009 Review of the Vertical Restraints Framework Luc Peeperkorn Principal Expert in Antitrust Policy 1 Outline of the presentation Introduction Past
More informationE-Commerce of Healthcare Products in the EU
E-Commerce of Healthcare Products in the EU Dr. Ann-Christin Richter, LL.M. (Durham) Basel, 19 May 2017 Introduction (I) Growing importance of online sales (goods and services) Online sales turnover in
More informationVertical Agreements: New Competition Rules for the Next Decade
Antitrust Vertical Agreements: New Competition Rules for the Next Decade Magdalena Brenning-Louko, Andrei Gurin, Luc Peeperkorn and Katja Viertiö ( 1 ) Introduction ( 1 ) On 20 April 2010 the Commission
More informationImplications of the EC s guidelines on. Pat Treacy Partner, Bristows
Implications of the EC s guidelines on vertical agreements Pat Treacy Partner, Bristows Agenda Introduction (1) Buyer power thresholds (2) Internet sales: passive and active selling (3) Pricing, territorial
More informationTERRITORIAL VERTICAL RESTRAINTS UNDER EU LAW
TERRITORIAL VERTICAL RESTRAINTS UNDER EU LAW Konstantina Strouvali European Commission DG Competition, Unit A1 Antitrust case support and policy 14th EU China Competition Week Shenzhen, 24 March 2017 Background
More informationPOSITION PAPER DETAILHANDEL NEDERLAND (DUTCH RETAIL ASSOCIATION) ON THE REVIEW OF THE EUROPEAN COMPETION RULES APPLICABLE TO VERTICAL AGREEMENTS
POSITION PAPER DETAILHANDEL NEDERLAND (DUTCH RETAIL ASSOCIATION) ON THE REVIEW OF THE EUROPEAN COMPETION RULES APPLICABLE TO VERTICAL AGREEMENTS (final version of 28 September 2009) Introduction: Detailhandel
More informationSelective distribution after Coty and the interplay of the geo-blocking regulation with competition law
Selective distribution after Coty and the interplay of the geo-blocking regulation with competition law Fabian Kaiser DG Competition, Digital Single Market Task Force The views expressed are purely personal
More informationCOMMENTS ON THE REVIEW OF COMPETITION RULES FOR THE DISTRIBUTION SECTOR
COMMENTS ON THE REVIEW OF COMPETITION RULES FOR THE DISTRIBUTION SECTOR Contributors: Luca Toffoletti (Partner and head of antitrust practice Milan Office); Bernard O Connor (Partner - Brussels Office);
More informationantitrust complying with and using competition law
antitrust complying with and using competition law antitrust complying with and using competition law Table of contents Introduction 5 I. The risks of not complying with competition law 6 II. Ensuring
More informationCompetition issues in Online Retailing
China / EU Competition Week Beijing, 12 March 2014 Competition issues in Online Retailing Josep M. CARPI BADIA Deputy Head of Unit COMP/E2 (Antitrust: Consumer Goods, Basic Industries and Manufacturing)
More informationONLINE DISTRIBUTION & COMPETITION LAW UNINE, 16 NOVEMBER 2016
ONLINE DISTRIBUTION & COMPETITION LAW UNINE, 16 NOVEMBER 2016 BRICK AND MORTAR VS ONLINE DISTRIBUTION Distribution channels and distribution agreement Restriction of online sales Ban on internet sales
More informationQuestions concerning the sale of new motor vehicles
Frequently Asked Questions During the transition period 1 provided for in Article 10 of Regulation 1400/2002, the Commission received a number of questions relating to the application of the Regulation.
More informationOfficial Journal of the European Communities
L 203/30 1.8.2002 COMMISSION REGULATION (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle
More informationABA Antitrust Section Joint Conduct Committee E-Bulletin
The New EU Competition Rules Regarding Vertical Restraints and the Proposed Revision of the Rules Regarding Horizontal Cooperation Agreements Filippo Amato and Marcus Pollard Jones Day Brussels (Belgium)
More informationMost Favored Nation Clauses: Is It the End of the Road?
Most Favored Nation Clauses: Is It the End of the Road? Webinar co-hosted by Steptoe & Oxera Consulting 25 October 2017 Today s webinar agenda What are MFNs? Why are the European authorities concerned?
More informationAmCham EU comments on the European Commission s Preliminary Report on the E-Commerce Sector Inquiry
AmCham EU comments on the European Commission s Preliminary Report on the E-Commerce Sector Inquiry Promoting e-commerce across the EU - fostering free and open competition while protecting innovation
More informationOnline retail in the new VRBE State of play and perspectives
FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE, MINING AND COMMODITIES TRANSPORT TECHNOLOGY AND INNOVATION PHARMACEUTICALS AND LIFE SCIENCES Online retail in the new VRBE State of play and perspectives Mélanie
More informationRESPONSE TO THE EUROPEAN COMMISSION S CONSULTATION ON THE CURRENT REGIME FOR THE ASSESSMENT OF VERTICAL AGREEMENTS
RESPONSE TO THE EUROPEAN COMMISSION S CONSULTATION ON THE CURRENT REGIME FOR THE ASSESSMENT OF VERTICAL AGREEMENTS 28 SEPTEMBER 2009 RESPONSE TO THE EUROPEAN COMMISSION S CONSULTATION ON THE CURRENT REGIME
More informationE-commerce and EU competition law
E-commerce and EU competition law Szilvia SZEKELY DG Competition, Digital Single Market Task Force The views expressed are purely personal and do not necessarily represent an official position of the European
More informationMAIN THEME FRIDAY 6 JUNE 2008 DISTRIBUTION AND INTERNET. The Impact of Internet on Agency, Distributorship and Franchising Agreements
MAIN THEME FRIDAY 6 JUNE 2008 DISTRIBUTION AND INTERNET The Impact of Internet on Agency, Distributorship and Franchising Agreements The main tools used at present for organizing a distribution network
More informationWhich limitations regarding the internet can be imposed on the members of a selective network? The Coty judgment of the European Court of Justice
Which limitations regarding the internet can be imposed on the members of a selective network? The Coty judgment of the European Court of Justice Ginevra Bruzzone IDI Conference 2018 Florence, 8-9 June
More informationInternet Sales and Contractual Restrictions of Competition Law Lessons learnt from the EU e- Commerce Sector Inquiry
Internet Sales and Contractual Restrictions of Competition Law Lessons learnt from the EU e- Commerce Sector Inquiry Some examples Nespresso.gr (499) Delonghi Nespresso Lattissimo Pro Statistics on e-commerce
More informationBuyer-Related Vertical Restraints (Upfront access payments and category management) - Proposed sections in the EC Guidelines on Vertical Restraints
Buyer-Related Vertical Restraints (Upfront access payments and category management) - Proposed sections in the EC Guidelines on Vertical Restraints John Ratliff FEB IEJE Conference 30 September 2009 New
More informationGUIDE TO COMPETITION LAW FEBRUARY 2014
GUIDE TO COMPETITION LAW FEBRUARY 2014 GUIDE TO COMPETITION LAW 2 TABLE OF CONTENT 1 Introduction 3 1.1 Why did SMARTRAC develop this Guide to Competition Law 3 1.2 To whom this guide applies 3 1.3 What
More informationEU Competition Webinar Series (Part II) Keeping Distributors in Check in the Online Space
EU Competition Webinar Series (Part II) Keeping Distributors in Check in the Online Space June 29, 2017 This presentation is informational and is not intended to be used as a substitute for specific legal
More informationAmCham EU Response to the European Commission s Consultation on the Review of the Vertical Restraints Block Exemption Regulation and Guidelines 1/2
Avenue des Arts/Kunstlann 53, B-1000 Brussels, Belgium Telephone 32-2-513 68 92 Fax 32-2-513 79 28 Email amchameu@amchameu.be www.amchameu.be Register ID: 5265780509-97 AmCham EU Response to the European
More informationGates Industrial Corporation plc Global Antitrust and Fair Competition Principles
Gates Industrial Corporation plc Global Antitrust and Fair Competition Principles August 2017 Dear Colleagues, As a leading global manufacturer, Gates business activities are subject to a variety of statutory
More informationCompetition Law. Newsletter. July Recent developments in EU and Greek. Competition Law
Competition Law Newsletter July 2017 Recent developments in EU and Greek Competition Law Recent developments in EU and Greek Competition Law Introduction On the 17 th of July, the Hellenic Competition
More informationJOINT WORKING PARTY OF THE BARS AND LAW SOCIETIES OF THE UNITED KINGDOM ON COMPETITION LAW (JWP)
JOINT WORKING PARTY OF THE BARS AND LAW SOCIETIES OF THE UNITED KINGDOM ON COMPETITION LAW (JWP) COMMENTS ON THE COMMISSION PROPOSAL FOR A REVISED BLOCK EXEMPTION AND GUIDELINES ON VERTICAL AGREEMENTS
More informationThe EU competition rules on vertical agreements
The EU competition rules on vertical agreements A guide to the assessment of vertical agreements (including the European Commission s block exemption regulations on vertical agreements and motor vehicle
More information(Information) EUROPEAN COMMISSION. Guidelines on Vertical Restraints. (Text with EEA relevance) (2010/C 130/01) TABLE OF CONTENTS
19.5.2010 Official Journal of the European Union C 130/1 II (Information) INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES EUROPEAN COMMISSION Guidelines on Vertical Restraints
More informationHOW TO CONTACT US. Private Bag x 23 Lynnwood Ridge Telephone: +27 (12) Facsimile: +27 (12)
HOW TO CONTACT US We offer a variety of services designed to clarify the Act and to improve the level of participation of SMEs and HDI firms. For these services, you may contact us at: Postal Address:
More informationCompetition law aspects of distribution in the online world
Competition law aspects of distribution in the online world Corporate Counsel Forum 21 November 2012 Nelson Jung Director, Office of Fair Trading Elisabetta Rotondo and Rachel Iley, Kemp Little Competition
More informationABUSE OF DOMINANCE. John Pheasant Lecture to National Law University, Jodhpur 24 January 2014
ABUSE OF DOMINANCE Lecture to National Law University, Jodhpur 24 January 2014 2 The Competition Laws Cartels Abuse of dominance Control of mergers 3 Competition Policy Goals The Protection of: Competitive
More informationCHAPTER 13 Antitrust Laws A detailed analysis of the antitrust law implications of the target company's activities is not required in every acquisitio
CHAPTER 13 Antitrust Laws A detailed analysis of the antitrust law implications of the target company's activities is not required in every acquisition. Except for the possibility of a target company's
More informationBuyer-Driven Vertical Restraints
Buyer-Driven Vertical Restraints Paul W. Dobson Loughborough University Presented to Pros and Cons of Vertical Restraints Conference Stockholm 7 November 2008 1 Introduction Traditional emphasis on seller-led
More informationCOMPETITION LAW POLICY & GUIDELINES
COMPETITION LAW POLICY & GUIDELINES Australian Financial Markets Association www.afma.com.au COMPETITION LAW POLICY & GUIDELINES Version 2 January 2018 Australian Financial Markets Association Enquiries
More information14th EU-China Competition Week: Analytical framework for investigating non-price vertical agreements
14th EU-China Competition Week: Analytical framework for investigating non-price vertical agreements François Renard 24 March 2017 Shenzhen Allen & Overy 2017 Key issues related to Non-Price Vertical Restraints
More informationSelective distribution networks and parallel imports within EU countries
Selective distribution networks and parallel imports within EU countries Maurizio Iorio, Attorney at Law The aim of this article is to answer the following question: can a producer or a national exclusive
More information4/13/2018. Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints. Program Overview
Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints Practising Law Institute: Developments in Antirust Law & Regulation 2018 Craig G. Falls 2018 Dechert LLP Program Overview
More informationA Guide to Competition Law
Behaviour in Competition A Guide to Competition Law RZ_ROC_Bro_Behaviour_Competition_e.indd 1 11.0.10 14:06 Behaviour in Competition RZ_ROC_Bro_Behaviour_Competition_e.indd 2 11.0.10 14:06 1 Contents I
More informationThe reforms, which came into effect on 1 January 2011, also changed the title of the TPA to the Competition and Consumer Act 2010.
POLICY NAME: COMPETITION AND CONSUMER LAW POLICY POLICY NO. HR-001-PY.11 1 PURPOSE 1.1 Neumann Contractors is a strong believer in free enterprise and business ethics. With this in mind it maintains a
More informationOnline distribution: New horizons
Online distribution: New horizons Jan Jeram, White & Case Slovenian Competition Day, September 2018 The opinions expressed in this presentation are personal to the author and do not necessarily represent
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES DRAFT COMMISSION NOTICE. Guidelines on Vertical Restraints
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, SEC(2009) 946/3 DRAFT COMMISSION NOTICE Guidelines on Vertical Restraints EN EN DRAFT COMMISSION NOTICE Guidelines on Vertical Restraints (Text
More informationThis means making sure that all employees understand what the law requires and act accordingly.
Competition Law and Anti Competitive Practices Policy Introduction The Bathroom Brands Group Limited (the Company ) is committed to compliance in full with all laws and regulations governing its businesses
More informationCPI Antitrust Chronicle February 2015 (1)
CPI Antitrust Chronicle February 2015 (1) The Development of Antitrust Law in the Chinese Automobile Industry: An Evolving Regime Hazel Yin & Ruohan Zhang King & Wood Mallesons, Beijing www.competitionpolicyinternational.com
More informationThis privacy policy (the 'conditions') was last amended in May 2016.
ARVAL PRIVACY POLICY This privacy policy (the 'conditions') was last amended in May 2016. These conditions generally apply to your relationship with Arval in conjunction with your use of Arval's services
More informationDO Ahold. RĒ HT stakeholder input; comments regarding review block exemption regulation and guidelines on vertical restraints.
DO Ahold European Commission Directorate-General for Competition Antitrust Registry Ref.: HT.l 171 - stakeholder input 1049 Bruxelles / Brussel BELGIQUE / BELGIË ROYAL AHOLD Corporate Executive Board Peter
More informationA S Watson Europe response to the Commission's review of the Block Exemption Regulation and Guidelines on vertical restraints
Register of interest representatives identification number: 3779891566-57 A S Watson Europe response to the Commission's review of the Block Exemption Regulation and Guidelines on vertical restraints I.
More informationPUBLIC CONSULTATION ON GEO-BLOCKING AND OTHER GEOGRAPHICALLY-BASED RESTRICTIONS WHEN SHOPPING AND ACCESSING INFORMATION IN THE EU
The Consumer Voice in Europe PUBLIC CONSULTATION ON GEO-BLOCKING AND OTHER GEOGRAPHICALLY-BASED RESTRICTIONS WHEN SHOPPING AND ACCESSING INFORMATION IN THE EU Summary of BEUC s response Contact: Agustín
More informationAccounting & Auditing News IFRS 15 Revenue from Contracts with Customers: Part 3B Impact on Retail, Wholesale and Distribution Sector
Philippines Technical Research 27 August 2014 (Issue 7) Accounting & Auditing News IFRS 15 Revenue from Contracts with Customers: Part 3B Impact on Retail, Wholesale and Distribution Sector How should
More informationGERMAN LABOR LAW & HR 1/2012
NEWSLETTER Labor and Employment Client Service Group GERMAN LABOR LAW & HR 1/2012 From Bryan Cave, Hamburg 11 June 2012 Post contractual non-compete agreements with employees Problems to enforce foreign
More informationCOMMUNICATION FROM THE COMMISSION. Notice. Guidelines on the application of Article 81(3) of the Treaty (2004/C 101/08)
27.4.2004 Official Journal of the European Union C 101/97 COMMUNICATION FROM THE COMMISSION Notice Guidelines on the application of Article 81(3) of the Treaty (2004/C 101/08) (Text with EEA relevance)
More informationINTERNATIONAL SECURITIES ASSOCIATION FOR INSTITUTIONAL TRADE COMMUNICATION ANTITRUST COMPLIANCE POLICY
INTERNATIONAL SECURITIES ASSOCIATION FOR INSTITUTIONAL TRADE COMMUNICATION 1.0 Antitrust Compliance Policy ANTITRUST COMPLIANCE POLICY The policy of the International Securities Association for Institutional
More informationPMI CONSUMER PRIVACY NOTICE
PMI CONSUMER PRIVACY NOTICE We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it. Please also read our terms of use relating to the
More informationCase summary 27 May 2014
Case summary 27 May 2014 Call for refusal to supply by WALA Heilmittel GmbH, Bad Boll/Eckwälden Sector: Ref.: Natural cosmetics B2-52/14 Date of decision: 6 May 2014 On 6 May 2014, the Bundeskartellamt
More informationthe European Commission publishes final report on the e-commerce sector inquiry.
May 2017 the European Commission publishes final report on the e-commerce sector inquiry. Executive Summary On 10 May 2017, the European Commission ("Commission") published its much anticipated Final Report
More informationThe graphics on the cover depict the Chinese character for competition. It features two identical human forms facing each other, denoting the concept
The graphics on the cover depict the Chinese character for competition. It features two identical human forms facing each other, denoting the concept of competition on a level-playing field. 01 CONTENTS
More informationCompetition Policy Enforcement in the Retailing Industry. Valérie Meunier Autorité de la concurrence
Competition Policy Enforcement in the Retailing Industry Valérie Meunier Autorité de la concurrence Outline I. Groceries sector II. Specialised and selective distribution networks III.E-commerce 2 I. Groceries
More informationReport on the Federal Trade Commission Workshop on Slotting Allowances and Other Marketing Practices in the Grocery Industry
Report on the Federal Trade Commission Workshop on Slotting Allowances and Other Marketing Practices in the Grocery Industry A Report by Federal Trade Commission Staff February 2001 INTRODUCTION AND EXECUTIVE
More informationOctober Your Business and Competition Law. How it helps you & what you need to know
October 2012 Your Business and Competition Law How it helps you & what you need to know Introduction Competition benefits everyone - businesses, consumers and the economy as a whole. It encourages businesses
More informationLinklaters LLP submission in response to the European Commission s consultation process regarding the competition rules applicable to vertical
Linklaters LLP submission in response to the European Commission s consultation process regarding the competition rules applicable to vertical agreements 1 A. Introduction and Overview 1 Introduction Linklaters
More informationEDPB publishes draft Guidelines on territorial scope of the GDPR
EDPB publishes draft Guidelines on territorial scope of the GDPR The European Data Protection Board (EDPB) has published the eagerly awaited Guidelines 3/2018 on the territorial scope of the GDPR (Article
More informationVertical Restraints, Exclusive Dealing, and Competition on the Merits
Vertical Restraints, Exclusive Dealing, and Competition on the Merits Global Antitrust Institute Hawaii November 2015 October 30, 2012 1 The Economics of Vertical Restraints 2 Vertical Restraints Definition:
More informationReproduced by Data Dynamics in terms of Government Printers' Copyright Authority No dated 24 September 1993
1424 Competition Act (89/1998) and Competition Amendment Bill, 2018 [B 23B-2018]: Request for public comment on the First Draft Set of Buyer Power Regulations in terms of the Competition Act and Competition
More informationDemonstration Of An Effective Antitrust Compliance Training Program Click to edit Master title style
Demonstration Of An Effective Antitrust Compliance Training Program Click to edit Master title style Association of Corporate Counsel National Capital Region Program Presented by: Howard Feller McGuireWoods
More informationBSH Position Paper regarding Preliminary Report on E-Commerce Sector Inquiry
B S H H A U S G E R Ä T E G M B H Munich, 25 November 2016 BSH Position Paper regarding Preliminary Report on E-Commerce Sector Inquiry 1. Executive Summary The BSH Home Appliances Group ( BSH ) places
More informationBrian Henry, ABA Antitrust Section Vice Chair Long Range Planning Committee
\MEMORANDUM TO: FROM: Brian Henry, ABA Antitrust Section Vice Chair Long Range Planning Committee DISTRIBUTION & FRANCHISING COMMITTEE Chair: Deena Jo Schneider Vice Chairs: Christopher T. Casamassima
More informationVertical restraints, digital marketplaces, and enforcement tools
EUROPEAN COMMISSION Johannes Laitenberger Director-General for Competition, European Commission Vertical restraints, digital marketplaces, and enforcement tools ICN Annual Conference 2018 New Delhi, 22
More information1. INTRODUCTION 2. PRESENTATION OF THE FÉDÉRATION. 6 April 2017
CONTRIBUTION OF FÉDÉRATION FRANÇAISE DE LA COUTURE, DU PRÊT-À- PORTER DES COUTURIERS ET DES CRÉATEURS DE MODE TO THE EUROPEAN COMMISSION S PRELIMINARY REPORT ON THE E-COMMERCE SECTOR INQUIRY 1. INTRODUCTION
More informationHow Does the New Competition Ordinance Impact Your Construction Business?
How Does the New Competition Ordinance Impact Your Construction Business? Presentation to the Hong Kong Institute of Surveyors Malcolm Chin & Miranda Noble 23 July 2013 Copyright Minter Ellison Overview
More informationINTERNATIONAL DIGITAL PUBLISHING FORUM ANTITRUST COMPLIANCE POLICY AND GUIDELINES
INTERNATIONAL DIGITAL PUBLISHING FORUM ANTITRUST COMPLIANCE POLICY AND GUIDELINES It is the policy of the International Digital Publishing Forum ("IDPF" or "the Forum") to comply with all antitrust and
More informationUnfair practices in distribution
Unfair practices in distribution Practical experiences of the law pertaining to the prohibition of unfair practices in the distribution of agricultural and food products Dr. Velő Zsuzsanna Bors Edina 17.
More informationAdvertising with 1-Stop. Information Guide
Advertising with 1-Stop Information Guide INTRODUCTION... 3 FACTS... 3 WHAT IS ON-LINE ADVERTISING?... 3 COMPONENTS OF ON-LINE AD (ADVERTISMENT)... 3 HOW CAN 1-STOP TARGET YOUR AUDIENCE?... 3 HOW DOES
More informationAMWAY S RESPONSE TO THE PUBLIC CONSULTATION ON THE EUROPEAN COMMISSION PRELIMINARY REPORT ON THE E-COMMERCE SECTOR INQUIRY
AMWAY S RESPONSE TO THE PUBLIC CONSULTATION ON THE EUROPEAN COMMISSION PRELIMINARY REPORT ON THE E-COMMERCE SECTOR INQUIRY November 18, 2016 EXECUTIVE SUMMARY Amway welcomes the European Commission s publication
More informationCompetition issues in waste management systems Philip KIENAPFEL and Gerald MIERSCH, Directorate-General Competition, unit C-2 and unit D-4
Competition issues in waste management systems Philip KIENAPFEL and Gerald MIERSCH, Directorate-General Competition, unit C-2 and unit D-4 1. Introduction On 22 September 2005, DG Competition published
More informationGeneral Terms and Conditions for Advertisers
General Terms and Conditions for Advertisers 1. General Provisions These Terms and Conditions apply to the use of the Platform www.financeads.com (subsequently referred to as "Platform") of financeads
More informationAssonime contribution to the Commission Consultation. on the Preliminary Report on the E-Commerce Sector Inquiry
Assonime contribution to the Commission Consultation on the Preliminary Report on the E-Commerce Sector Inquiry 1. Importance of the Sector Inquiry We commend the Commission for the decision to include
More informationCurrent Account Credit Card. Privacy Notice
Current Account Credit Card Privacy Notice Contents Introduction 3 What sort of data do we hold about you? 3 What about joint applications and additional cardholders? 4 How does Tesco Bank use your personal
More informationLegal evaluation and practical approach for the assessment of vertical restraints
Legal evaluation and practical approach for the assessment of vertical restraints Autorità Garante della Concorrenza e del Mercato 6 March 2014 Vito Auricchio Matteo Padellaro Table of contents Resale
More informationCEMEX. Global Antitrust Compliance Policy
CEMEX Global Antitrust Compliance Policy We at CEMEX have a long-standing commitment to ethics and integrity, which allows us to conduct our business in a fair and transparent manner. All business strategies
More informationDr Michael Schaper ACCC Deputy Chair
Dr Michael Schaper ACCC Deputy Chair Competition, Franchising & Consumer Law Developments for 2015 The ACCC Issues for 2015 Pricing & advertising New financial requirements in franchising Scams Hot button
More informationRevised rules for the assessment of horizontal cooperation agreements under EU competition law
Revised rules for the assessment of horizontal cooperation agreements under EU competition law RESPONSE Date: 25th June 2010 Interest Representative Register ID number: 84973761187-60 Patrice Pellegrino
More informationCarlton & Perloff Chapter 12 Vertical Integration and Vertical Restrictions. I. VERTICAL INTEGRATION AND VERTICAL RESTRICTIONS A. Vertical Integration
I. VERTICAL INTEGRATION AND VERTICAL RESTRICTIONS A. Vertical Integration Carlton & Perloff II. 1. Operating at successive stages of production a. downstream: towards final consumers b. upstream: towards
More informationAdvertising with 1-Stop. Information Guide
Advertising with 1-Stop Information Guide Introduction... 2 Why advertise with 1-stop?... 2 What is on-line advertising?... 3 Components of on-line ad (advertisment)... 3 What sizes & format is required
More informationFRANCHISING: Competition Issues and Reforms. Harper and beyond
FRANCHISING: Competition Issues and Reforms Harper and beyond Key competition issues in a post-harper world The competition law landscape is continuing to shift There are several recent issues that the
More informationCOMPETITION AND CONSUMER PROTECTION COVERAGE AS OF 1 FEBRUARY 2018
COMPETITION AND CONSUMER PROTECTION COVERAGE AS OF 1 FEBRUARY 2018 Access regimes... 3 Accessorial and individual liability... 3 Anticompetitive arrangements... 3 Application of Competition and Consumer
More informationWHAT EVERY BUSINESS SHOULD KNOW ABOUT PRICE DISCRIMINATION
KEELEY, KUENN & REID WHAT EVERY BUSINESS SHOULD KNOW ABOUT PRICE DISCRIMINATION Prepared by the Law Firm of KEELEY, KUENN & REID 150 North Wacker Drive, Suite 1100 Chicago, IL 60606 (312) 782-1829 FAX
More informationPrice Maintenance & Vertical Restraints. KING & WOOD MALLESONS
Price Maintenance & Vertical Restraints KING & WOOD MALLESONS 2015 www.kwm.com Overview of the Legal Basis and the Regulators Anti-monopoly Law ( AML ) Monopoly agreements Abuse of dominance Concentrations
More informationInformation Services & New Jersey Sales Tax
Information Services & New Jersey Sales Tax About New Jersey Taxes Publication ANJ-29 Introduction The retail sale of information services received by customers in New Jersey is subject to New Jersey Sales
More informationANTITRUST COMPLIANCE GUIDELINES
ANTITRUST COMPLIANCE GUIDELINES I. POLICY It is the policy of the SMART CARD ALLIANCE to comply fully with the antitrust laws applicable to trade association activities. In furtherance of this policy,
More informationDRAFT COMMISSION NOTICE. Guidelines on Vertical Restraints
DRAFT COMMISSION NOTICE Guidelines on Vertical Restraints I. INTRODUCTION 1. Purpose of the Guidelines (1) These Guidelines set out the principles for the assessment of vertical agreements under Article
More informationImplications of E-commerce for Competition Policy - Note by Chinese Taipei
Organisation for Economic Co-operation and Development DAF/COMP/WD(2018)43 DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE English - Or. English 4 May 2018 Implications of E-commerce
More informationTrade Competition Act B.E Office of Trade Competition Commission
Trade Competition Act B.E. 2560 Office of Trade Competition Commission Trade Competition Act B.E. 2542 Act Governing Trade with Excessive Profits B.E. 2490 (Price control) Act Governing Prices of Goods
More informationEU Competition Webinar Series (Part I) Achieving A Successful Product Launch
EU Competition Webinar Series (Part I) Achieving A Successful Product Launch 23 May 2017 Copyright 2017 Steptoe & Johnson LLP PRESENTATION OF TODAY S PANEL AND TOPIC 2 Today s Panel Yves Botteman Partner
More informationInformation Requirements in the Consumer Rights Directive Proposal and in Other Directives
DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT A: ECONOMIC AND SCIENTIFIC POLICY Information Requirements in the Consumer Rights Directive Proposal and in Other Directives IP/A/IMCO/NT/2010-14
More informationAll sales of HALO products in the United States and Canada are governed by the following policies:
All sales of HALO products in the United States and Canada are governed by the following policies: UNILATERAL MINIMUM ADVERTISED PRICE POLICY: (Effective June 1, 2016) In order to maintain and to further
More informationΜember of Rokas Association, Swiss Verein Geneva
PHYSICAL & VIRTUAL SELECTIVE DISTRIBUTION IN THE EU COMPETITION LAW gglloobbaall ppeerrssppeeccttiivveess ttoo rreeggiioonnaall ddiim meennssiioonnss 1 Tablle off Conttentts II. I.. Introduction........p.2
More informationEU and German Competition Law II (Abuse of a dominant position, Merger Control)
EU and German Competition Law II (Abuse of a dominant position, ) 23 May 2017 Summer term 2017 Tuesday, 10-11 h Room IV, Alte Universität Prof. Dr. Florian Bien, Maître en Droit (Aix-Marseille III) Chair
More informationImplications for Online Distribution of Brands in Europe
The Day After Coty: Implications for Online Distribution of Brands in Europe On December 7, 2017, 24 hours after the EU Court of Justice (CoJ) handed over the eagerly awaited Coty judgment, Steptoe hosted
More information