Vogel News

A weekly update of important cases in French and European competition law, distribution law, consumer law and European business law.
All decisions cited are available for consultation in our Decisions database (full text)

News Flash

11 octobre 2021

Civil sanctions – Damages
The victim of an anticompetitive practice may bring an action for damages without distinction either against a parent company which has been punished by the Commission for that practice in a decision or against a subsidiary of that company where those companies together constitute a single economic unit having regard, notably, to the specific link between the economic activity of that subsidiary and the subject matter of the infringement for which the parent company was held to be responsible.
CJEU Case C-882/19 Sumal SL, Judgment of 6 October 2021, LawLex202100005498JBJ

Commission decision – Objections
The fact that in its final decision the Commission reduced the duration of the infringement compared to that initially estimated in the Statement of Objections does not mean that there has been a violation of the rights of the defense, even though in certain cases such a reduction may result in a higher fine.
CJEU Case T-343/18 Tokin Corp, Judgment of 29 September 2021, LawLex202100005427JBJ

 

21 september 2021

Commercial agents: Scope of application
The concept of “sale of goods” referred to in Article 1(2) of Directive No 86/653 relating to self-employed commercial agents can cover the supply, in return for payment of a fee, of computer software to a customer by electronic means where that supply is accompanied by the grant of a perpetual license to use that software.
CJEU Case C-410/19 The Software Incubator Ltd v Computer Associates (UK) Ltd, Judgment of 16 September 2021, LawLex202100005323JBJ

Commercial agents: European harmonization
A person who, in return for payment of a fee, supplies computer software by electronic means to a customer, accompanied by the grant of a perpetual license to use that software, is a commercial agent having authority to negotiate the “sale of goods”.
CJEU Case C-410/19 The Software Incubator Ltd v Computer Associates (UK) Ltd, Judgment of 16 September 2021, LawLex202100005323JBJ

9 March 2020

Liability for defective products: Defect
The premature rupture of a hip implant, which is not due to the excess weight of the victim or to an error in the choice or design of the prosthesis or during the hip replacement surgery, at a point at its base in the zone of weakness of any hip prosthesis, incurs the legal liability of the manufacturer insofar as the femoral stem of the implant did not provide the safety which was to be legitimately expected.
Court of Cassation, 1st civil chamber, 26 February 2020, LawLex20200000301JBJ

Liability for defective products: Relationship with other liability rules
The liability of a doctor is only automatically incurred by reason of a defect in a healthcare product implanted in a patient on the basis of Articles 1245-6 of the Civil Code and L. 1142-2- 1, paragraph 1, of the Public Health Code in the case where the manufacturer is not able to be identified and the health professional or institution did not designate their own supplier or manufacturer within the specified time-limit.
Court of Cassation, 1st civil chamber, 26 February 2020, LawLex20200000301JBJ

18 octobre 2021

Free movement of persons and services – Lotteries and games of chance
A national court, hearing an assessment of the lawfulness of a penalty imposed for infringement of a monopoly in the sector of games of chance must specifically assess the compatibility with Article 56 TFEU of the penalties laid down by the applicable legislation, having regard to the actual rules for determining them.
CJEU Case C-231/20 MT v Landespolizeidirektion Steiermark, Judgment of 14 October 2021, LawLex202100005585JBJ

Free movement of persons and services – Lotteries and games of chance
A national provision may, without violating Article 56 TFEU, make it mandatory, in cases where prohibited lotteries have been made commercially available, to i) impose a minimum fine per unauthorized gaming machine, with no limit on the total amount of the fines imposed, to the extent that the total amount of the fines imposed is not disproportionate to the economic benefit which the infringements thus penalized might provide, ii) impose a custodial sentence in lieu of a fine per unauthorized gaming machine, with no limit on the total length of the custodial sentences imposed, to the extent that the length of the custodial sentence is not excessive in the light of the seriousness of the infringements found, and iii) contribute to the costs of proceedings amounting to 10% of the fines imposed,  provided that that contribution is neither excessive in the light of the actual cost of such proceedings nor infringes the right of access to a tribunal.
CJEU Case C-231/20 MT v Landespolizeidirektion Steiermark, Judgment of 14 October 2021, LawLex202100005585JBJ

Vogel Global Competition Newsletter

No 3 – December 2020

Vertical Restraints:

  • Joseph Vogel and Louis Vogel (Vogel & Vogel, France and Europe)
  • Martin Nedelka and Jakub Jost (Nedelka Kubac Advokati, Czech Republic)
  • Charis Papachristodoulou (Papadopoulos & Lycourgos Co LLC, Cyprus)
  • Georgeta Dinu (NNDKP, Romania)
  • Balazs Csépai (Oppenheim, Hungary)
  • Chong Kin Lim (Drew & Napier, Singapore)
  • Sergiy Glushchenko (Asters, Ukraine)
  • Scott Rodger (Shepherd & Wedderburn, UK)

> Read more


No 2 – August 2020

Consequences of Covid-19 on Competition and Distribution Law.
Special thanks to the following authors whose contribution you will find in this letter:

  • Joanne Finn and Elaine Davis (DAC Beachcroft, Ireland)
  • Tzahi I. Yagur (Pearl Cohen, Israël)
  • Alexandru Sotropa and Oana Popescu (NNDKP, Romania)
  • Scott Rodger and Ellie Gannon (Shepherd Wedderburn, UK)
  • Marina Androulakakis and Tania Patsalia (Bernitsas, Greece)

> Read more


No 1 – March 2020

Francisco Rondoletti (Tanoira Cassagne, Argentina): Four key updates about Argentine law
Christan Liborius and Martin André Dittmer (Gorrissen Federspiel, Denmark): New Danish Supreme Court judgment limits companies’ chances of engaging in consortia and bidding jointly
Hanna Pohjola and Åsa Krook (Borenius, Finland): Short Update on Consumer Law Developments in Finland
Tania Patsalia (Bernitsas, Greece): Launch of sector inquiry into e-Commerce by the Hellenic Competition Commission (HCC)
Joanne Finn and Elaine Davis (DAC Beachcroft, Ireland): Four key updates about Irish law
Gabriel Bleser (Moyse Bleser, Luxembourg): Decision 2019-C-02 – Decision to take no further action by the Luxembourgish Competition Council
Kettani Law Firm (Morocco): Competition Council under the regime of Law 104-12 relating to the freedom of prices and competition
Krzysztof Kanton (Soltysinski Kawecki & Szlezak, Poland): Polish Competition Authority adopts its first settlement decision
Lim Chong Kin (Drew & Napier, Singapore): Singapore’s competition and consumer protection regulator obtains court order against the use of subscription traps by an online fashion retailer
> Read more

No 2 – October 2019

Finland – Finland must recover over EUR 50 million in incompatible
Hungary – Assessment of RPM remains formalistic in the approach of
Malta – Amendments to the Competition Act aim to restore public enforcement of competition law back on its feet
Romania – Cement sector in Romania under the scrutiny of the competition authority
Singapore – Singapore’s competition regulator gains new consumer protection mandate and other significant competition and consumer law developments in Singapore
Switzerland – In May 2013, the Swiss Competition Authority rendered a decision condemning thirteen distributors (several of them being Swiss daughter companies of French publishers) of French books in Switzerland from preventing direct sales from France to Switzerland
United Kingdom – Regulation of harmful content online
> Read more


No 1 – March 2019

Argentina – Argentina brings in new and guidelines for competition enforcement
Czech Republic – Problems persist with the Act of Significant Market Power
Greece – Decision on the public works cartel case – entities that did not submit to the settlement procedure
Poland – The Polish Competition Authority gains new powers to impose fines on managers
United Kingdom – The CMA targets the UK construction industry
Ukraine – Ukrainian Competition Authority explains vertical exemption in pharma
> Read more

No 2 – December 2018

Australia – New prohibition against concerted practices
Denmark – The Danish Competition Council’s decision on industry standard setting
Estonia – The Estonian Competition Authority – a shift towards stricter merger control?
Lithuania – Improving merger control in Lithuania
Polynesia – French Polynesia establishes competition framework
Romania – Romanian Competition Council sanctions private medical hospitals and stem cells banks for anticompetitive agreements
> Read more


No 1 – March 2018

Croatia – Prohibition of unfair trading practices in the food supply chain
Denmark – Danish competition rules become more reflective of EU law
India – New target exemption under the Competition Act 2002
Malta – Maltese Competition Authority imposes interim measures on insurance companies
Romania – Exchange of sensitive information in merger cases – Romanian Competition Council assessment
South Africa – The South African Competition Amendment Bill – will it be business as usual in South Africa?
United Kingdom – UK competition law following Brexit – update
> Read more

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