Distribution Practices in The EU

Licensing and Distribution Practices: Nike, Sanrio and Universal Studios Are Being Investigated In The EU On 14 June 2017 the European Commission opened three investigations into licensing and distribution practices of Nike, Sanrio and Universal Studios and their ability to restrict cross-border and online sales of merchandising products within the EU single market. Merchandising products…

Patent Settlement Agreements In Pharma: EC’s Preliminary View on Teva/Cephalon

On 17 July 2017 the European Commission (EC) sent Statement of Objections to pharmaceutical company Teva with its preliminary view that a patent settlement agreement concluded with Cephalon was in breach of EU competition law. Under the agreement, Teva committed not to market a cheaper generic version of Cephalon’s drug for sleep disorders, modafinil. In…

Luxury Brand Image and Online Sales Restriction: Advocate General’s Opinion In Coty Case

On 26 July2017 the Advocate General (AG) Wahl delivered his Opinion in Coty Case C-230/16. It provides guidance on the legality of online sales bans in selective distribution agreements in the EU and their justification under the “luxury image” argument. Highlights of the case The Court of Justice of the EU (CJEU) is currently reviewing Coty case…

Turkish Competition Authority Fines Turkey’s Dominant Alcoholic Drink Producer for Abuse

Introduction The Turkish Competition Authority (“TCA”) adopted a landmark decision in relation to Turkish traditional alcoholic beverages market (rakı). This decision is important from several perspectives; the fine calculation percentage is higher than it usually is for the relevant type of infringement, it ranks the fourth largest fine imposed to a company under one single…

Microsoft In Turkey: TCA to Launch Investigation Upon Court’s Ruling

On 4 April 2017 the Turkish Competition Authority’s (“TCA”) received and subsequently published the decision of the Council of State in relation to Microsoft case. In October 2016 the Council of State reversed the decision No 11-60/1555-550, where the TCA concluded that there was no need to initiate an investigation into Microsoft Bilgisayar Yazılım Hizmetleri…