We are Stibbe Regulatory Investigations and Compliance specialists

With ever-increasing regulatory complexity filtering through every market, we provide the experience, clarity and pragmatism our clients require.”

Regulatory Investigations and Compliance

The regulation of markets such as finance, energy and media is becoming increasingly complex. We provide the guidance and support our clients need, advising on the entire range of regulatory and compliance issues that may arise.

We invest time to thoroughly understand our clients’ businesses and requirements, providing assistance at every stage of a transaction, as well as threatened or on-going regulatory investigations. We create practical and workable solutions for the broad variety of regulatory issues that may occur.

As much of our work has a cross-border element, we work closely with top-tier law firms in jurisdictions around the world to provide coordinated and integrated solutions.

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06.12.2017 EU law
EU Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms

Short Reads - Today the ECJ 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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01.12.2017 EU law
Court of Justice dismisses appeal of British Airways in Air Cargo case

Short Reads - On 14 November 2017, the Court of Justice dismissed the appeal by British Airways (BA) and upheld the fine for its participation in an infringement in the air cargo sector. It ruled that the General Court (GC) had been correct in not granting a full annulment of the infringement decision, as BA had only sought a partial annulment before the GC.

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01.12.2017 EU law
General Court partially annuls the European Commission's ICAP decision (in the YIRD case)

Short Reads - On 10 November 2017, the General Court (GC) partially annulled the European Commission's 2015 decision to fine UK-based broker ICAP close to EUR 15 million for "facilitating" various infringements relating to Yen interest rate derivatives (YIRDs). The GC's judgment provides a useful overview of the current state of EU case law on (i) "by object" infringements; (ii) the role of facilitators in cartel cases; (iii) "complex single and continuous infringements"; (iv) the presumption of innocence; and (v) the Commission's duty to state reasons when setting the level of a fine.

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01.12.2017 EU law
Court of Justice rules on the application of competition law to agricultural producer organisations

Short Reads - On 14 November 2017, the European Court of Justice rendered its judgment on a request for a preliminary ruling from the French Supreme Court. The Court clarified the conditions under which competition rules must be applied to agricultural producer organisations (POs). POs are established to pursue the objectives of the common agricultural policy and may – if certain criteria are met – be exempted from the competition rules.

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07.12.2017 BE law
Décision inédite de la Cour de justice de l’Union européenne en matière de protection de l’environnement : menace de sanctions financières pour la Pologne.

Articles - Dans son ordonnance du 20 novembre 2017, la Cour de Justice de l’Union européenne a ordonné, sous astreinte, à la Pologne de cesser immédiatement les opérations de gestion forestière active dans la forêt de Białowieża. Cette ordonnance sort de l’ordinaire parce qu’elle contient des mesures provisoires mais également parce qu’elle est assortie de sanctions financières. Ces deux aspects sont pourtant des gages de l’efficacité du contrôle de la Cour devant laquelle la procédure au fond. L’impact de cette ordonnance va donc bien au-delà du seul cas de la forêt de Białowieża en Pologne.  

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01.12.2017 EU law
National courts may declare that a practice infringes competition law after it was the subject of a commitment decision

Short Reads - On 23 November 2017, the European Court of Justice delivered its judgment on a request for a preliminary ruling by the Spanish Supreme Court regarding the legal consequences of an European Commission commitment decision. The Spanish court sought guidance as to whether an EU commitment decision concerning long-term exclusive supply agreements between Spain's leading oil and gas company Repsol and its service station tenants, prevented the Spanish court from declaring that the agreements infringed competition law. 

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01.11.2017 EU law
Nike can restrict sales via online platforms within its selective distribution system

Short Reads - On 4 October 2017, the District Court of Amsterdam ruled* in favour of sports goods manufacturer Nike in an action against a distributor, Action Sport, which had not complied with Nike's selective distribution policy. The District Court found that Nike's selective distribution system, which included a ban on sales via non-authorised online platforms, was compatible with competition law as it sought to preserve the luxury image of Nike's products.

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01.11.2017 EU law
General Court upholds fine for 'gun jumping' EU merger control procedure

Short Reads - On 26 October 2017, the General Court (GC) dismissed an appeal lodged by Harvest Marine, a Norwegian seafood company, against a EUR 20 million fine imposed by the European Commission. The fine was imposed on Harvest Marine in 2014 for implementing its acquisition of Norwegian salmon producer Morpol before obtaining the required clearance from the Commission under the EU merger control rules, also referred to as "gun jumping" [see our August 2014 Newsletter].

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