As of July 12, 2023, the Regulation (EU) 2022/2560 of Dec. 14, 2022, on foreign subsidies — the foreign subsidies regulation, or FSR — will allow the European Commission to investigate, analyze and remedy distortions that...more
Entered into force on Jan. 12, 2023, Regulation (EU) 2022/2560 of Dec. 14, 2022 — the foreign subsidies regulation, or FSR — allows the European Commission to address distortions in the EU market caused by foreign subsidies,...more
On March 16, in a preliminary ruling requested by the Paris Court of Appeal regarding Towercast’s appeal of the French Competition Authority’s decision in the TDF case, the Court of Justice of the European Union decided ...more
On Dec. 29, 2022, Decree No. 2022-1701 — defining the procedures for publicizing the measures taken pursuant to Book IV of the Commercial Code and Book V of the Consumer Code — was published pursuant to the law of Aug. 16,...more
In a judgment published on Jan. 12, 2023 (Case C-57/21, RegioJet a.s.), the Court of Justice of the European Union strengthens the right to access to the file for victims of anticompetitive practices. According to the Court’s...more
The European Court of Justice (ECJ) issued a judgment on June 22, 2022 (C-267/20), regarding an action for damages, based on Directive 2014/104/EU (Directive), seeking compensation for the damage caused by the truck cartel....more
In a decision dated March 9, 2022 (No. 19/19747), the Paris Court of Appeal ruled on a competition damage claim action for abuse of dominant position brought against Schneider Electric France and Schneider Electric SA by a...more
Following the European Commission’s decision on the trucks cartel matter (European Commission, Sept. 27, 2017, AT.39824) that fined Scania up to €880 million (USD 950M), the General Court of the European Union rejected...more
In decision n° 20-11.754 of Feb. 16, 2022, the commercial chamber of the French Supreme Court (Cour de cassation) decided that the head of a qualitative selective distribution network is entitled to refuse to approve...more
On Nov. 12, 2021, the European Commission published its decision AT-40178 of July 8, 2021, fining BMW, Volkswagen, Audi and Porsche a total of 875 million euros for their involvement in a cartel within European Economic Area...more
Following record fines imposed by the European Commission on the main European truck manufacturers, under preliminary references, the Court of Justice of the European Union (CJEU) has recently ruled on certain procedural...more
In Decision No. 20-D-20 issued on Dec. 3, 2020, the French Competition Authority fined the tea producer Dammann Frères €226,000 for forbidding its retailers to freely determine their own online resale prices for Dammann...more
According to the decision-making practice of the French Competition Authority (FCA), the coordination between subsidiaries of the same group when submitting coordinated but apparently independent offers in public tenders was...more
On Oct. 28, 2020, the European Court of Justice ruled on one of the aspects of the proceedings relating to the power cable cartel, for which the main European, Japanese and South Korean manufacturers were fined a total of...more
On Sept. 8, 2020, the European Commission published its Staff Working Document summarizing the findings of the evaluation of the Vertical Block Exemption Regulation (VBER) applicable to vertical agreements and the VBER’s...more
The French Competition Authority has maintained its aim to modernize and simplify the merger control system, initiated in 2017, with the publication and entry into force on July 24 of its . This document replaces the...more
Certaines entreprises dont l’activité est plus affectée par la propagation de l’épidémie de Covid-19, confrontées à des difficultés de trésorerie, ont souvent retardé, parfois suspendu, les paiements de leurs fournisseurs....more
European Commission publishes a temporary Framework for undertakings collaborating to address the shortage of essential products and services.
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Con parere n. 19-9 del 25 ottobre 2019, la Commission d’examen des pratiques commerciales (la "CEPC") ovvero la Commissione francese per la valutazione delle pratiche commerciali, che ha il compito di vigilare sull’equilibrio...more
1/14/2020
/ Antitrust Provisions ,
Competition ,
Contract Terms ,
Distributors ,
EU ,
Force Majeure Clause ,
Italy ,
Sales & Distribution Agreements ,
Suppliers ,
Supply Chain ,
Trade Relations ,
Transparency
Entro il 1° gennaio 2020, tutte le imprese aventi più di 11 dipendenti in Francia devono aver eletto il proprio “Comité social et économique” cd. CSE....more
For concentrations meeting the conditions set forth in Article L. 430-2 of the French Commercial Code, a notification to the French Competition Authority (Autorité de la concurrence) is mandatory. To facilitate merger control...more
11/8/2019
/ Competition ,
Competition Authorities ,
France ,
French Commercial Code ,
French Competition Authority ,
Internet ,
Merger Controls ,
Notification Requirements ,
Online Platforms ,
Regulatory Requirements ,
Websites
To help reduce delays in the payment of invoices, the French government has modified Article L. 441-9 of the French commercial code, by Ordinance N° 2019-359 of April 24, 2019, taken pursuant to the EGalim law N°2018-938 on...more
Con l’inizio delle negoziazioni commerciali, bisogna tener presente che le novità introdotte dalla c.d. legge EGalim (n° 2018-938 del 30 ottobre 2018) per l’equilibrio delle relazioni commerciali nel settore alimentare e...more
10/17/2019
/ Agricultural Sector ,
Distributors ,
EU ,
Food Supply ,
France ,
French Commercial Code ,
Italy ,
Retail Market ,
Sales & Distribution Agreements ,
Suppliers ,
Supply Chain ,
Trade Relations ,
Transparency ,
Unfair or Deceptive Trade Practices
As widely acknowledged, key problems in the implementation of the Antitrust Damages Directive [2014/104/EU, herein referred to as “Damages Directive”] were found in the vague provisions set therein, such as the rules on...more
L’ordonnance n°2019-359, adoptée le 24 avril 2019, vient préciser les changements du titre IV du livre IV du Code de commerce voulus par la loi n° 2018-938 du 30 octobre 2018 dite Loi EGalim. ...more