The Advocate General’s Opinion regarding the preliminary ruling before the European Court of Justice in Case C-230/16, Coty Germany, has been issued today. He suggests the European Court of Justice to conclude that a supplier of luxury cosmetics can legally impose certain contractual limitations on members of its selective distribution network, namely the possibility to prevent them from selling through online third party platforms such as Amazon and eBay. Coty is a manufacturer and wholesaler of luxury cosmetics. One of its authorized distributors, Parfümerie Akzente GmbH, sells through physical and online stores (both through its...

CNMC closes IMS Health abuse of dominance investigation with commitments

In a decision of July 13, 2017 the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or "CNMC") accepted commitments proposed by IMS Health, S.A. ("IMS") to close an abuse of dominance investigation in the market for the provision of sales information on pharmaceutical products (also known as "sales tracking data").

Pricing algorithms: next enforcement challenge for Competition Authorities?

The potential anticompetitive impact of the automation of decision-making has become a topic of great interest in recent times. Self-learning pricing algorithms are focusing the agenda from the European competition authorities due to two potential harmful effects on business conduct: price discrimination and collusive practices. It is precisely the second effect that is generating greater uncertainty and debate. One of the key questions is whether it is possible to design a fully-autonomous software capable of colluding without any explicit human intervention and contact between competitors.

Spain: Orangina-Schweppes settles CNMC parallel trade investigation

The Spanish National Competition and Markets Commission (CNMC) has closed an investigation of Schweppes, S.A., the Spanish subsidiary of the Orangina Schweppes Holding B.V. group (“OSHBV”) in relation to restrictions of parallel trade. The CNMC opened an investigation in September 2015 after receiving a complaint against agreements between Schweppes S.A. and several distributors including a clause preventing the distributors from selling Schweppes branded tonic water that had not been produced in Spain. The Cola-Cola group owns the trademark “Schweppes” in the UK and ten other EU Member States whereas OSHBV owns the trademark in Spain...