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Articles by Tilman Siebert
Price gouging in Europe: what are the rules and how has the pandemic shifted enforcement priorities?
Continuing our podcast series on price gouging laws, members of our global antitrust lawyers focus on the situation around price gouging (excessive pricing) in the EU, France, Germany and the UK in our latest instalment. The COVID-19 crisis has cast new light on excessive pricing practices in Europe, our team explains the impact the pandemic has had on enforcement activity and suggest practical ways that businesses can protect themselves from price gouging practices.
Non-Luxury Brands can ban resale on third-party platforms
As the Amsterdam Court of Appeal recently confirmed in Action Sport v Nike, the prohibition of sales on third-party platforms contained in selective distribution agreements of brand manufacturers in the EU can be in line with EU competition law irrespective of whether or not the relevant products are luxurious. The Appeal Court’s decision confirmed the judgment of the lower instance court that arose out of a dispute between Nike and Action Sport, a former authorized reseller of Nike.
Regulatory aspects of investing in Germany – German legislator further extends foreign investment control regime | LexBlog
On 18 June 2020, the German Parliament agreed to further rules on tightening foreign investment control by adopting the First Act on the amendment to the Foreign Trade and Payment Act (Außenwirtschaftsgesetz – AWG). The first amendment to the AWG was published in the Federal Gazette on 16 July 2020 and entered into force on 17 July 2020. The amendment to the AWG is unique as it introduces for the first time a standstill obligation that is linked to a criminal sanction and administrative penalty.
COVID-19 pandemic accelerates the extension of foreign investment control in Germany with regard to transactions in the health care sector
The German Federal Ministry for Economic Affairs and Energy implemented further amendments to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – AWV) due to the COVID-19 pandemic to prevent the buyout of German companies active in the health care and infection protection sectors by investors from outside the EU (or EFTA). The amendment entered into force on 3 June 2020. I.
German lawmakers adopt temporary amendments to the German Competition Act to mitigate consequences of the COVID-19 pandemic in competition law
On 14 May 2020, the German Parliament adopted temporary amendments to the Act against Restraints of Competition (ARC) to mitigate consequences resulting from COVID-19 in the field of competition law. See BT-Drucksache 19/18963.
German Competition Authority presents sector inquiry report on potential infringements of consumer rights by price comparison websites | Lexology
On 11 April 2019, the German Federal Cartel Office (FCO) published the final report on its sector inquiry into comparison websites. The FCO focused on the areas of energy, telecommunications, insurance, finance and travel, which are particularly relevant for consumers. The FCO takes the view that in some cases consumers are being misled, that transparency obligations are not fully complied with and that advertisements are not always identified as such by the relevant website provider.
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