Archives: Distribution/Franchising

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European Commission Final Report on E-Commerce Sector Inquiry

On 10 May 2017, the European Commission published its final report on the e-commerce sector inquiry. The report is divided into two sections, covering e-commerce issues in relation to consumer goods and digital content. It also identifies business practices that might restrict competition and limit consumer choice. It would be advisable for e-commerce businesses to … Continue Reading

THE LATEST: Tenth Circuit Sides with Defendants in $200 Million Sutures Bundling Case

In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision granting summary judgment in favor of defendants Cardinal Health 200, LLC and Owens & Micro Distribution, Inc.  The Tenth Circuit held that Plaintiff-Appellant Suture Express, Inc. could not prove that the … Continue Reading

EU Commission Releases First Findings on Geo-Blocking in E-Commerce Sector Inquiry

On 18 March, the European Commission (Commission) published its initial findings on geo-blocking in the framework of its ongoing antitrust sector inquiry into e-commerce. The findings are based on responses to questionnaires sent to more than 1400 retailers and digital content providers from all 28 EU Member States in 2015. The questionnaires focused on geo-blocking … Continue Reading

Maryland AG Challenges Resale Price Maintenance Agreement

On February 29, 2016, the Attorney General of Maryland filed a complaint alleging that Johnson & Johnson Vision Care, Inc. (Johnson & Johnson) violated the Maryland state antitrust law by entering into an agreement with a retailer regarding a resale price maintenance (RPM) policy. The complaint alleged that Johnson & Johnson initially instituted an RPM … Continue Reading

Court Declines To Certify Damages Class in Baseball Blackout Suit

On May 14, 2015, the Southern District of New York issued two opinions in Laumann v. Nat’l Hockey League, No. 12-cv-1817, excluding plaintiffs’ damages expert under Daubert and denying plaintiffs’ motion to certify a damages class. The court did, however, certify a class under Federal Rule of Civil Procedure 23(b)(2) for the purpose of pursuing injunctive … Continue Reading

Local Wholesaler-Retailer Dispute Has Federal Implications

On August 14, the U.S. District Court for the Southern District of Mississippi issued an opinion finding that state regulations bolstered one antitrust claim and hindered another in an ongoing dispute between a northern Mississippi convenience store chain, Major Mart, and an Anheuser-Busch InBev (ABI, a/k/a “Red Network”) distributor, Mitchell Distributing Company. In Mississippi, by … Continue Reading

District Court Pares Down Price Discrimination Suit Against Chrysler

On July 11, 2014, the Northern District of California dismissed one of two federal antitrust claims brought against Chrysler Group LLC under the Robinson-Patman Act, 15 U.S. C. § 13, as well as several state statutory and common law claims.  Matthew Enterprise, Inc. v. Chrysler Group LLC, No. 13-cv-04236-BLF (N.D. Cal. July 11, 2014).  The … Continue Reading

Distribution in China – Legal Issues

Contact: Frank Schoneveld, Kevin Qian, John Huang and Winston Zhao McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for distribution in China Important issues to consider in the design of a distribution … Continue Reading

Distribution in China – Legal Issues, Part IV. Drafting the Distribution Contract

Contact: Frank Schoneveld, Kevin Qian, John Huang and Winston Zhao “Distribution in China – Legal Issues” is a four-part series.  Part I discussed the business models and legal structures most commonly used for distribution in China.  Part II looked at important issues to consider in the design of a distribution system for China, such as … Continue Reading

Distribution in China – Legal Issues, Part III. Pre-Contract Matters

Contact: Frank Schoneveld, Kevin Qian, John Huang and Winston Zhao “Distribution in China – Legal Issues” is a four-part series.  Part I discussed the business models and legal structures most commonly used for distribution in China.  Part II looked at important issues to consider in the design of a distribution system for China, such as taxation, … Continue Reading

China Fines Liquor Producers Over US$70 million for Fixing Minimum Resale Prices

by Frank Schoneveld Last week one of China’s antitrust regulators, the National Development and Reform Commission (NDRC), imposed fines of RMB419 million (+/- US$72 million) on two of the most famous producers of Chinese liquor, Moutai and WuLiangye.  The fines were imposed for restricting the minimum price at which their distributors could resell the liquor. … Continue Reading

Distribution in China – Legal Issues, Part I. Business Models and Structures

For more information, please contact Frank Schoneveld, Kevin Qian, John Huang or Winston Zhao. “Distribution in China – Legal Issues” is a four-part series.  Part I discusses the business models and legal structures most commonly used for distribution in China.  Part II will look at important issues to consider in the design of a distribution … Continue Reading

Enforcement of Antitrust Rules to Distribution Agreements in Europe

by Veronica Pinotti and Martino Sforza Some recent developments in the European antitrust legal arena demonstrate that the enforcement of antitrust rules in the distribution sector is clearly one of the main priorities on the agenda of the European antitrust authorities.  As such, compliance with antitrust legislation is also a priority for alcohol beverage companies … Continue Reading

International News Issue 2 2010

McDermott Will & Emery’s International News, Issue 2, 2010, covers a range of legal developments of interest to those operating internationally.  This issue focuses on Antitrust and Competition. In this issue… Merger Control: Gun Jumping Goes Global International Cartel Enforcement: On the Rise and More Severe China’s Anti-Monopoly Law: Experience and Lessons Learned After Two … Continue Reading
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