Category Archives: Antitrust

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European Law-Based Parental Tort Liability – Also in Civil Tort?

The European Court of Justice ruled on March 14, 2019, that a parent company can in national civil tort proceedings also be held liable for the damage caused by a competition infringement committed by its subsidiary where such parent company (that holds all the shares in the subsidiary) has dissolved its subsidiary but continued the … Continue Reading

Nike Fined €12.5 Million for Restricting Intra-EEA Sales

In a warning shot to businesses using intellectual property rights to restrict cross-border sales within the European Economic Area (EEA), on 25 March 2019 the European Commission fined Nike €12.5 million for banning traders of licenced football merchandise from selling to other EEA countries. The decision underscores the Commission’s commitment to eliminating commercial practices that threaten the … Continue Reading

Vertical Agreements: Permitted Passive Sales and Public Procurement in the EU

Under EU competition law, it is allowed in most vertical agreements to grant distributors exclusivity for a territory or customer group. Selective distribution is the well-known exception, where no geographic restrictions may be imposed on any level in the selective network. The EU’s Vertical Block Exemption Regulation (VBER) allows suppliers to restrict active sales by … Continue Reading

Commercial Agents: The Risks of Non-Control

Enterprises in a wide range of markets and industries have long used commercial agents to solicit business, collect payments, and take care of local matters. Such agents are hired for their local or market expertise and to deal with issues that exporting or importing enterprises cannot easily handle from their headquarters. Economically and legally, they … Continue Reading
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