Work Area: Vertical Restraints

European Union: Updated rules on vertical agreements

Featured in Europe, Middle East and Africa Antitrust Review 2023

24 June 2022

ALJ asks if FTC is trying to slow down Grail

The administrative law judge overseeing the Federal Trade Commission’s challenge to Illumina/Grail has questioned if the government is looking to stymie Grail and allow other cancer-screening tests to reach the market.

09 June 2022

Lithuanian court overturns basketball league sanctions for wage-fixing

An administrative court in Lithuania has annulled a decision by the national competition enforcer to sanction the country’s top professional basketball league and its member clubs for colluding to restrict players’ salaries after a season was cancelled over covid-19 concerns.

08 June 2022

Draft Austrian sustainability guidelines diverge from EU proposals

Austria's competition enforcer is consulting on sustainability guidelines that will exempt certain agreements from antitrust rules if they provide appropriate ecological benefits, in a different approach than the one proposed by the EU.

07 June 2022

Expedia agrees to remove wide MFNs to resolve Japan probe

Expedia has agreed to stop forcing accommodation providers to keep rates on the platform equal to or lower than any other sales channel to resolve concerns raised by Japan’s Fair Trade Commission.

06 June 2022

Portuguese court rejects brewer’s attempt to dismiss RPM class action

Portugal’s specialist competition court has denied Super Bock’s request to dismiss a class action seeking damages against the brewer stemming from a €24 million fine for imposing minimum resale prices on its downstream retailers.

27 May 2022

CAT rejects request to fast-track standalone RPM claim

The UK’s Competition Appeal Tribunal has refused to fast-track a standalone resale price maintenance damages claim against a luxury lingerie maker, ruling that the duration and complexity of the case make it unsuitable for such a procedure.

24 May 2022

Visa urges UK tribunal to adopt sector-wide pass-on rates for interchange fee claims

The UK’s Competition Appeal Tribunal will be “swamped” with interchange fee litigation for the next decade unless it decides on sector-wide average pass-on rates that apply to the hundreds of retailer claims against Mastercard and Visa, the latter has argued.

24 May 2022

Canadian court rejects e-book class action against Apple and Amazon

A court in British Columbia has denied certification to a putative class of digital audiobook purchasers that accuses Amazon, Audible and Apple of agreeing not to compete in the audiobooks sector, finding the plaintiffs failed to provide a credible methodology for assessing damages.

20 May 2022

EU adopts revised VBER

The European Commission has adopted its new vertical block exemption regulation and accompanying guidelines, which remove the exemption for dual distribution agreements and wide most-favoured-nation clauses.

10 May 2022

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