On 23 October 2020, the European Commission (EC) published its inception impact assessment of policy options for a potential revision of the EU Vertical Block Exemption Regulation (VBER) and accompanying Vertical Guidelines for consultation. This inception impact assessment will be followed by a more detailed impact assessment that the EC will publish for public consultation…

The Australian Competition and Consumer Commission (ACCC) has commenced proceedings against cycling wholesaler B & K Holdings (QLD) Pty Ltd, trading as FE Sports (FE Sports), alleging that it engaged in resale price maintenance (RPM). The proceedings are a timely reminder of the risks suppliers face if they restrict resellers’ ability to advertise (in addition…

Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit after ComCo having opened the investigation, and a settlement was reached. The settlement…

On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price clauses) on its hotel booking platform with hotels in Germany, see press release here.  It thereby set a (preliminary) end to a long saga…

On December 17, 2018, the European Commission (EC) imposed on the clothing company Guess a hefty penalty of EUR 40 million for allegedly severe restrictions relating to the online sales activities of its authorized distributors.  The full text of the Decision was published by the EC on January 25, 2019. While the substance of the…