The UK Government’s Department for Business, Energy and Industrial Strategy has just released a 75-page Green Paper on Modernising Consumer Markets, setting out the Government’s main priorities for the digital economy in a post-Brexit Britain. The Green Paper reflects on the current state of consumer markets and regulation, and lays down the key challenges and opportunities which will be the focus of the UK’s regulatory and competitive framework going forward. This poses consultation questions to stakeholders on hot topics in digital markets, including questions on: the adequacy of the current competition rules and privacy protections, supporting consumer-friendly innovation, use of and access to big data, whether personalised pricing should be regulated, sufficiently protecting customers without stifling innovation, and alternative dispute resolution solutions.

It also includes various proposals to ensure new technology and data are used to benefit customers, strengthen national enforcement of consumer rights, modernise the approach taken by regulators, and improve consumers’ access to alternative dispute resolution services. In this Covington blog post, we explore some of the key messages and questions posed by the Green Paper.

Continue Reading The UK Government Seeks Views on the Regulation of Digital Markets for a Post-Brexit Great Britain

On 5 April 2017, the Duesseldorf Higher Regional Court confirmed the August 2015 decision of the Federal Cartel Office finding that it is anti-competitive and therefore illegal to impose on distributors a general prohibition on the use of online price comparison portals.

The Cartel Office had faulted Asics over imposing the following restrictions on its distributors: (1) a complete ban on the use of online marketplaces such as eBay or Amazon; (2) restricting supporting price comparison engines; (3) prohibiting the use of the Asics brand names on third party websites; and (4) the very detailed segmentation of distributors into more than 20 categories, and resulting restrictions on cross-deliveries to other authorised distributors in other categories and on the product ranges for supply to final customers.


Continue Reading ASICS’ ONLINE SALES RESTRICTIONS CONFIRMED AS ILLEGAL BY DUESSELDORF HIGHER REGIONAL COURT

On 25 April, the German Higher Regional Court in Frankfurt filed a request for a preliminary ruling with the European Court of Justice (“ECJ”) in a case that turns on the ability of branded goods manufacturers to protect the reputation of their brands by controlling online trade.


Continue Reading German Court sends online sales bans to ECJ

The UK Competition and Markets Authority (“CMA”) has opened an investigation into suspected anticompetitive arrangements relating to online sales of licensed sport and entertainment merchandise and other consumer products.


Continue Reading UK CMA Opens Investigation into Online Sales of Licensed Sport and Entertainment Merchandise

The UK Competition and Markets Authority (“CMA”) has opened an investigation into suspected anticompetitive arrangements relating to online sales of licensed sport and entertainment merchandise and other consumer products.

The opening of the investigation follows raids on December 1, 2015 at the headquarters of Trod Limited, a UK retailer of toys and sports products (doing business as Buy 4 Less, Buy For Less, and Buy-For-Less-Online).  The house of one of the company’s officers was also searched.

Continue Reading UK CMA Opens Investigation into Online Sales of Licensed Sport and Entertainment Merchandise