Legal Updates
Find the latest changes in the legal landscape that potentially affect your business. From changes in legislation and case law to regulatory reforms, at Ashurst we're able to support you on all legal developments.
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30 Results
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RSSG LEgal update | london
01 Apr 2022 Counting the cost of the energy crisis
BP and other shareholders in the failed supplier's parent company Blue Marble Holdings (in administration) are expected to receive a dividend from the…
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competition law newsletter | germany
01 Mar 2022 German Federal Cartel Office: pursuit for sustainability may justify cooperation between competitors
The FCO clarifies how sustainability goals in agreements between competitors may exempt such agreements from the s101(1) TFEU prohibition and equivalent…
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Esg litigation update
05 Jan 2022 ESG-inspired disputes - recent developments
In Lungowe and others v Vedanta Resources plc and another [2019] UKSC 20, [2019] 3 All ER 1013, the UK Supreme Court provided useful guidance as to when a…
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competition law newsletter | germany
13 Oct 2021 Porsche-Tuning II: Top German court rules car manufacturer cannot restrict sales of Porsche cars and spare parts to car tuners
While the burden of proof was held to be on the party trying to rely on the exemption, Porsche could not establish that its market share did not exceed 30%, a…
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competition law newsletter | germany
16 Sep 2021 FCO departs from EC guidance on Article 22 referrals in Facebook/Kustomer
FCO examines whether Facebook's acquisition of Kustomer falls under the German merger control regime. The deal is also being assessed by the European…
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competition law newsletter | germany
16 Sep 2021 FCO imposes fines of €21 million on manufacturers and retailers of musical instruments for price-fixing
On 5 August 2021, the FCO imposed a total of EUR 21 million in fines on three manufacturers of musical instruments for RPM and on two retailers for horizontal…
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competition law newsletter | germany
16 Jun 2021 Top German court permits lump-sum cartel damages clauses of up to 15%
FCJ confirms claimants can rely on lump-sum clauses in damages actions if amount is appropriate and defendant has chance to show no or lower damages.
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competition law newsletter | germany
06 May 2021 Liebherr amends its retailer rebate scheme following discrimination concerns by the FCO
The FCO found that manufacturers may not discriminate against online and hybrid retailers by imposing considerably stricter requirements to qualify for rebates.
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competition law newsletter | germany
01 Apr 2021 German competition authority secures Deutsche Post commitments to change T&Cs
The FCO found DPAG's rebate system may constitute abuse of a dominance position since the rebate system bound customers' circulation volumes to DPAG.
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competition law newsletter | germany
08 Mar 2021 German competition authority fines steel forgers €35 million for information exchange
The German Federal Cartel Office's decision demonstrates the competition law risks that can arise during trade association meetings.
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competition law newsletter | germany
03 Feb 2021 German Federal Court of Justice delivers first ruling on the Trucks cartel
In this context, the BGH held that it is not necessary for the defendant to demonstrate that there are no damages; it is sufficient for the defendant to…
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competition update
20 Jan 2021 The German Competition Digitisation Act: Good news for M&A activity, challenges ahead for big tech companies and digital platforms
On 19 January 2021, a major amendment to the German Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, "GWB") – the so-called "GWB…
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competition law update
24 Mar 2020 The impact of Covid-19 - Key competition law considerations for Germany
The spread of the SARS Cov-2 virus ("Covid 19 pandemic") is not limited to health consequences. Due to the necessary restrictions imposed throughout Europe,…
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competition law newsletter | italy
28 Feb 2020 ICA fines ENI for "greenwashing" Diesel+ fuel in ad campaign
The ICA held that the "Green Diesel” designation, the "green component" and "renewable component” qualifications, were used in a suggestive way, suggesting…
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competition law newsletter | germany
19 Dec 2019 BMW, Daimler and Volkswagen fined for anti-competitive purchasing practices
On 21 November 2019, the German Federal Cartel Office ("FCO") issued fines totalling approximately €100 million on BMW, Daimler and Volkswagen for joint…
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competition newsletter | germany
22 Jul 2019 FCO activity reports published, with clear focus on digital economy
The FCO published its activity report for 2017/2018 and its annual report of 2018 on 27 June of 2019. The activity report (the "Report") sums up the key…
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competition newsletter | germany
05 Mar 2019 Facebook slapped with significant data collection restrictions in Germany
The decision of the FCO can be summarised as follows: Facebook was held to be dominant in the market for social networks in Germany and is therefore…
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competition newsletter | GERMANY
04 Mar 2019 Cartel damages prima facie evidence test rejected by top German Court
The FCJ held that for quota and client-allocating cartels, the existence of a cartel is not prima facie evidence of harm to a claimant, nor that the cartel…
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competition newsletter | EU
30 Jan 2019 Shaping competition policy in the era of digitisation
Executive Summary This briefing note summarises some of the key points discussed at the European Commission's conference on "Shaping competition policy in the…
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competition newsletter | Germany
22 Aug 2018 German and Austrian competition authorities publish joint merger control threshold guidelines
Even if the traditional turnover-based thresholds are not met, in certain circumstances a transaction may be notifiable if (a) the consideration exceeds €400…
