Treaty On The Functioning Of The European Union | Matthew Arnold & Baldwin LLP

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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

UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, European Court of Justice

17 October 2011 | Simon Weinberg | 1 comment

The European Court of Justice (ECJ) has released its ruling in the case of a a pub landlady in England who used a decoder card from Greece to show the Premier League football matches live. Karen Murphy...

Tags on this discussion: advocates general broadcaster broadcasters broadcasting rights competition law competition regime copyright Copyright Directive copyright infringement copyright owner decoder decoder card domestic broadcast ECJ EU EU competition law Europe European Commission European Court of Justice European law European Union exclusive licence FA FA Premier League football Football Association football broadcast football broadcasting rights football match foreign broadcast foreign decoder foreign decoder card High Court illegal infringement infringement of copyright Intellectual property intellectual property rights IP live football match Member State Member States territorial exclusivity agreement Treaty on the Functioning of the European Union unauthorised unlawful

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

OFT issues largest ever fine for abuse of dominance – to Reckitt Benckiser for de-listing out-of-patent Gaviscon product from NHS prescription channel before generic product appeared

5 May 2011 | Paul Gershlick

The Office of Fair Trading has issued its largest fine for an abuse of a dominant position, contrary to the Chapter II Prohibition of the Competition Act and Article 102 of the Treaty on the Functioning...

Tags on this discussion: abuse of dominant position anti-competition anti-competitive anti-trust Article 102 Chapter II Prohibition Competition Act de-listing doctor doctors EC Treaty Intellectual property intellectual property rights IP NHS patent patented Patents pharmaceutical pharmacies pharmacy prescription TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union

Microsoft makes complaint against Google in heavyweight competition showdown

5 April 2011 | Paul Gershlick

Microsoft has indicated that it intends to file a complaint with the European Commission against Google. The complaint alleges that Google has abused its dominant position in relation to the search engine...

Tags on this discussion: abuse of dominant position anti-competition anti-competitive anti-trust Article 102 competition competition law EC EU Europe European Commission European Union illegal infringement Intellectual property intellectual property rights Internet IP Online TFEU Treaty on the Functioning of the European Union unauthorised unfair competition unlawful web site web sites Website websites

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

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Latest news and views tagged Treaty on the Functioning of the European Union

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

UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, 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

OFT issues largest ever fine for abuse of dominance – to Reckitt Benckiser for de-listing out-of-patent Gaviscon product from NHS prescription channel before generic product appeared

Microsoft makes complaint against Google in heavyweight competition showdown

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

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