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Third Circuit Creates "Bright-Line Rule" For Legality of Exclusive Contracts (Barnes & Thornburg)
  • On July 23, 2010, the Third Circuit in "Race Tires of America, Inc., et al. v. Hoosier Racing Tire Corp., et al.", (Case No. 09-3989), affirmed the lower court’s summary judgment decision that exclusive, sole-source contracts between race tire supplier Hoosier Racing Tire (Hoosier) and organizations that sanction motorsports races did not violate the antitrust laws.
  • New Vertical Agreements Block Exemption (Holman Fenwick Willan LLP)
  • The new vertical agreements block exemption regulation for distribution of goods and services (the "New Block Exemption") and vertical restraint guidelines (the "New Guidelines") were adopted by the European Commission on 20 April 2010.
  • Passing Off (Biggart Baillie)
  • Now more than ever it is important to protect the interests of your business and to make sure that these are not prejudiced by the acts of a competitor.
  • Too Wide a Restriction on Contractual Non-Compete Clause Between Non-Competitors Breached EU Competition Law – Jones v Ricoh, High Court (Matthew Arnold & Baldwin)
  • C assisted its clients in obtaining photocopying equipment. C put forward R as the preferred supplier for its clients.
  • NMa Fines Media Company and its Executives for Breach of Merger Remedy (SJ Berwin LLP)
  • The Netherlands Competition Authority ("NMa") has imposed fines amounting to €20 million in total on Dutch media company Koninklijke Wegener N.V. and five of its executives.
  • French Competition Authority Launches a Market Test following Google's Commitments Concerning its Online Advertising Service AdWords (SJ Berwin LLP)
  • On 30 June 2010, the French Competition Authority (the "Authority") stated that Google had implemented the content policy of its online advertising service, AdWords, in a way which lacked objectivity and transparency and resulted in discriminatory treatment.
  • Complaint by Deutsche Presse-Agentur ("DPA") Against Non-Notified Merger Between Associated Press ("AP") and Deutscher Depeschendienst ("ddp") Unsuccessful (SJ Berwin LLP)
  • On 19 July 2010, the German Federal Cartel Office ("FCO") decided to close the proceedings against the German branch of the US agency AP and the German news service ddp for not notifying their merger to the FCO.
  • Restriction in Confidentiality Agreement Held to be Unenforceable (SJ Berwin LLP)
  • On 14 July 2010 the High Court ruled that a restrictive provision in a confidentiality agreement was anti-competitive by both object and effect and breached Article 101 of the TFEU.
  • European Commission ("Commission") Concludes its First Hybrid Settlement Case (SJ Berwin LLP)
  • On 20 July 2010 the Commission announced that it had fined five animal feed phosphate producers a total of €175.6 million for price-fixing and market sharing activities in the EU animal feed market.
  • Antitrust Alert: Chinese Pricing Enforcers Impose Higher Fines as New Rules Proposed (Jones Day)
  • Recent actions by the Chinese price regulator, the National Development and Reform Commission ("NDRC"), indicate an increasing emphasis on enforcement against pricing and other competition law violations.