Cartels

We are Stibbe Cartels specialists

We have expertise in helping corporations develop coordinated cross-border strategies should they become the subject of national or multi-jurisdictional investigations.

Cartels

In recent years, antitrust authorities have stepped up their action against national, European and worldwide cartels. We advise corporations on how they could avoid procedures and assist them should they become subject to investigation. 

Our international team consists of specialists in cartels, criminal & civil litigation and labour law. Working together on antitrust cases as one cohesive team, they develop coordinated cross-border strategies and advice in many legal areas.

They have first-hand experience in numerous antitrust investigations including dawn-raids and the immediate tactical assessment of a corporation’s position to the fact finding, administrative processes and subsequent appeals. Swift action is taken in situations where time is of the essence, such as ‘whistleblowing’ cases.

As a firm we place great emphasis on avoiding cartel procedures by providing regular training and advice on competition law compliance with clients.

On a cross-border level, we maintain strong relationships with leading law firms in jurisdictions around the world enabling us to provide sound judgment in all cartel cases.

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16.02.2018 EU law
Who is a consumer? The dynamic approach to the concept of 'consumer' under the Brussels I Regulation

Short Reads - On 25 January 2018, the European Court of Justice ("ECJ") rendered a preliminary ruling in a case between Austrian citizen Maximilian Schrems and online social network Facebook. The ruling is important for two reasons. First, the ECJ approved a dynamic approach to the concept of 'consumer' under the Brussels I Regulation. Secondly, the ECJ clarified that the special consumer forum can only be invoked by the specific consumer who is party to the contractual relationship with the professional trader.

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01.02.2018 EU law
Dissemination of misleading information on the safety of a medical product can be a "by object" infringement

Short Reads - On 23 January 2018, the European Court of Justice delivered its judgment on a request for a preliminary ruling by the Italian Council of State. The request concerned an agreement between Roche and Novartis to make public statements concerning the alleged lack of safety and efficacy of one of Roche's products which competed with a product licensed to Novartis (the Agreement). The Court of Justice found that such an agreement can, under specific circumstances, constitute a restriction of competition "by object".

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01.03.2018 EU law
ACM publishes key priorities for 2018 and 2019

Short Reads - On 13 February 2018, the Dutch Authority for Consumers and Markets (ACM) highlighted the key priorities it will pursue in 2018 and 2019. It will focus on the digital economy, making the energy market greener, prices of prescription drugs and competition in the port sector. Interested parties were invited to share their comments on the priorities and multiple statements online.

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01.02.2018 EU law
Qualifying dawn raid documents as 'in scope' or 'out of scope': marginal review by Belgian Court

Short Reads - On 13 December 2017, the Brussels Court of Appeal rendered a judgment clarifying the qualification 'in scope' and 'out of scope' of documents seized by the Belgian Competition Authority (BCA) during dawn raids at the applicants' (Distripaints NV and Novelta NV) premises. The dawn raids were launched after a complaint by SA Durieu Coatings, which accused both distributors of colluding with its competitor Akzo Nobel.

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02.01.2018 EU law
Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms

Short Reads - On 6 December 2017, the Court of Justice rendered its much anticipated judgment in a dispute between a supplier of luxury cosmetics (Coty) and one of its authorised resellers. The central question was whether Coty is allowed under the competition rules to forbid its resellers to sell Coty products over third party internet platforms with visible logos (like eBay or Amazon).

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01.02.2018 EU law
Highest German Court rules that ASICS's ban on using price comparison websites violates EU competition law

Short Reads - On 19 January 2018, the German Federal Court of Justice (FCJ) published its judgment concerning an appeal brought by shoe manufacturer ASICS against a fining decision. The FCJ ruled that ASICS had infringed competition law by prohibiting its retailers from participating in price comparison websites. The judgment confirms the strict approach of German courts relating to vertical online sales restrictions.  

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02.01.2018 EU law
Court of Justice dismisses appeal by Telefónica on non-compete clause in telecoms transaction

Short Reads - On 13 December 2017, the Court of Justice dismissed the appeal brought by Telefónica against a judgment of the General Court (GC) regarding a non-compete agreement [see our July 2016 Newsletter]. The judgment confirms the finding of the GC that the non-compete clause agreed upon between Telefónica and Portugal Telecom (PT) amounted to a market sharing agreement with the object of restricting competition.

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