Friday, May 29, 2015

Germany: Challenges from New Online Practices to Established Competition Law Principles

Alexander Israel and Moritz Jakobs, both Noerr LLP discuss Germany: Challenges from New Online Practices to Established Competition Law Principles.

ABSTRACT: Online distribution and new business models such as hotel reservation portals are not only a challenge for companies but also for competition law practitioners to apply established principles or develop novel competition law principles. These new practices are investigated by the German Federal Cartel Office and German courts—including issues relating to price parity clauses, restrictions imposed by suppliers, and retail price maintenance. The trend appears to oppose clear-cut prohibitions, but also more clandestine restrictions, imposed to these new forms of distribution—with still an uncertainty as Courts have not ruled yet on the merits of these cases.

https://lawprofessors.typepad.com/antitrustprof_blog/2015/05/germany-challenges-from-new-online-practices-to-established-competition-law-principles.html

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