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European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

14 December 2011 | Paul Gershlick

The European Commission is investigating whether Apple’s arrangements with book publishers for the sale of e-books amount to anti-competitive agreements contrary to Article 101 of the Treaty on the Functioning...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition law contract contracts EC Treaty EU EU law European Commission European Union law fine On-line Online online content online shopping online trading price price fixing publish publishers publishing resale price resale price maintenance RPM supply agreement supply agreements supply contract supply contracts TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void web web site web site content web sites Website website content websites

OFT investigates pharma sector patent settlement agreements

25 November 2011 | Paul Gershlick

The Office of Fair Trading has announced that it is investigating patent litigation agreements relating to paroxetine. Paroxetine is a medicine used in the treatment of disorders such as depression and...

Tags on this discussion: agreement agreements anti-competition anti-competitive Article 101 Article 102 breach of competition law Chapter I Prohibition Chapter II Prohibition commercial commercial agreement commercial agreements commercial law Competition Act Competition Act 1998 competition law competition law breach EC Treaty generic generic drugs generics Intellectual property intellectual property rights IP IPR Office of Fair Trading OFT patent patent law patent settlement Patents pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical market pharmaceutical patents pharmaceutical products pharmaceutical sector Restriction Restrictions restrictive TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union

Chiquita plays competition law regime leniency card successfully again as European Commission goes bananas over PIG price fixing

19 October 2011 | Paul Gershlick

The European Commission has fined Pacific Fruit nearly €9 million for co-ordinating prices with rival banana importer, Chiquita, over a nine month period in respect of imports into Portugal, Italy and...

ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

18 October 2011 | Simon Weinberg

PFDC makes and markets cosmetics and personal care products under certain brands. It requires sales to be made in a physical space in the presence of a qualified pharmacist. The French Competition Board...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 brand brand protection branding brands breach breach of competition law breaches Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition competition law competition law breach competition law regime competition regime contract contracts distribution distribution agreement distributor EC Treaty EU EU law Europe European Union European Union law fine Internet IP IP protection IPR IPR protection On-line Online online shopping online trading selective distribution TFEU trade mark trade marks trademark trademarks Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable vertical agreement void web content web site web site content web sites Website website content websites

OFT points to successful impact of first abuse of dominance fines under Competition Act in Napp Pharmaceuticals case

26 June 2011 | Paul Gershlick

The Competition Act 1998 came into force in 2000. Under it, the Office of Fair Trading can impose large fines and declare void arrangements that are either agreements between undertakings whose object...

Tags on this discussion: abuse abuse of dominance abuse of dominant position agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 102 Article 81 Article 82 breach of competition law Chapter I Prohibition Chapter II Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act Competition Act 1998 Competition Commission competition law competition law breach competition law regime competition regime competitor contract contracts dominant position EC Treaty excessive pricing fine illegal Office of Fair Trading OFT OFT investigation pharmaceutical pharmacies pharmacy predatory pricing TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable unlawful void

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

27 May 2011 | Paul Gershlick

Nelsons supplied Bach Flower Remedies. Guna had been its distributor in Italy. Their distribution agreement had included several restrictions including a ban on Guna from advertising for orders from outside...

Tags on this discussion: agreement agreements anti-competition Article 101 Article 81 breach breach of competition law breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competi competition Competition Act Competition Act 1998 competition law competition regime competitor contract contracts distribution agreement EC Treaty EU EU law Euro defence Europe European law High Court TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void

That won’t come out in the wash – EC fines Unilever and Proctor & Gamble €315m

15 April 2011 | Simon Weinberg

Following a European Commission investigation suitably entitled ‘Purity’, Unilever and Proctor & Gamble, the consumer product companies, have been fined €315 million for fixing the price of washing...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 breach cartel Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act competition law competition regime competitive contract contracts EC EU Europe European Commission European Union fine illegal price fixing Treaty of the Functioning of the European Union

It’s game over for Nintendo as it loses to Commission in anti-competitive distribution arrangements case – Activision Blizzard v European Commission, European Court of Justice

5 March 2011 | Mark Weston

The European Court of Justice has upheld a General Court ruling in favour of a European Commission fine of €168m in 2002 for a breach by Nintendo and some of its European distributors of Article 81 of...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law CJEU commercial agreement commercial agreements Commercial contract commercial contracts competition law computer games contract contracts Court of Justice of European Union Court of Justice of the European Union distribution agreement distributor EC Treaty EU Europe European Commission European Court of Justice European General Court European Union fine games console General Court General Court of the European Union illegal IT parallel import parallel importing TFEU Treaty on the Functioning of the European Union unlawful

ECJ advised that pubs allowed to show Premier League football from foreign broadcasters

14 February 2011 | Simon Weinberg

Juliane Kokott, one of the eight Advocates General to the European Court of Justice (ECJ), has given her opinion that pubs are not prohibited from showing live Premier League football from foreign broadcasters...

Tags on this discussion: advocate advocate general advocates general anti-competition anti-competitive anti-trust Article 101 broadcast broadcast right broadcast rights broadcaster broadcasters broadcasting competition competition law competition regime copyright copyright infringement Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EU EU market European European Commission European Community European Court of Justice European Union football illegal infringement Intellectual property intellectual property rights Internet IP IP infringement licensee licensor market Online Premier League television television right TFEU Treaty on the Functioning of the European Union unauthorised unlawful web site web sites Website

OFT investigating agreements for online book pricing

9 February 2011 | Paul Gershlick

The Office of Fair Trading is investigating whether e-book pricing agreements breach UK competition law. The Chapter I Prohibition of the Competition Act 1998 prohibits agreements which have as their object...

Tags on this discussion: agency agency pricing agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach Chapter I Prohibition commercial agreement commercial agreements Competition Act e-books illegal Internet Office of Fair Trading OFT Online online content online shopping online trading price fixing resale price unlawful vertical agreement web web content web site web sites Website websites

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Latest news and views tagged Article 101

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

OFT investigates pharma sector patent settlement agreements

Chiquita plays competition law regime leniency card successfully again as European Commission goes bananas over PIG price fixing

ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

OFT points to successful impact of first abuse of dominance fines under Competition Act in Napp Pharmaceuticals case

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

That won’t come out in the wash – EC fines Unilever and Proctor & Gamble €315m

It’s game over for Nintendo as it loses to Commission in anti-competitive distribution arrangements case – Activision Blizzard v European Commission, European Court of Justice

ECJ advised that pubs allowed to show Premier League football from foreign broadcasters

OFT investigating agreements for online book pricing

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