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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Gaming & Gambling Law Newsletter March 2012

Judgment on copyright protection of football league fixture lists (C-604/10) On 1 March 2012, the Court of Justice of the EU (“CJEU”) delivered its judgment in the Football Data Co case (C-604/10).

Gaming & Gambling Law Newsletter January 2012

Judgment in the Rank Group plc cases (C-259/10 and C-260/10): interpretation of the principle of fiscal neutrality applied to gambling

In its judgment of November 10, the Court of Justice of the EU elaborated on the principle of fiscal neutrality and the difference in treatment for VAT purposes of mechanized cash bingo (‘MCB’) and slot machines.

November edition of the Gaming & Gambling newsletter launched

Judgment in Dickinger and Ömer case (C-347/09): reaffirmation of the validity of an (online) gambling monopoly

Supreme Court rules on Honda abuse of dominance case

On June 3 2011 the Supreme Court issued a succinct judgment on the scope of the Court of Appeal's powers to overturn Competition Council decisions and the nature of proceedings before the council. This is the latest decision in a case that began in 1995 with complaints filed by 12 independent motorcycle distributors in Belgium against five official importers of motorcycles, including Honda Belgium.

Regulator rules on statute of limitations for continuous infringements

On April 21 2011 the Competition Council annulled a decision of the competition prosecutor in which a complaint was dismissed on the grounds that the statute of limitations had expired.

Competition Council refers InBev to prosecutors

On September 28 2010 the College of Competition Law Prosecutors dismissed a complaint against brewer InBev Belgium NV which had been brought in March 2008 by Freedom CVBA, a purchasing association made up of several beverage wholesalers.

Diamonds are forever - but what about supply?

In a recently published decision the president of the Competition Council approved a request for preliminary measures from Belgian diamond merchant Diamanthandel A Spira against De Beers, the world's leading diamond mining and trading company.

Belgian flour producers under scrutiny

The college of Competition Law Prosecutors has reported to the Competition Council on alleged anti-competitive practices in the market for the supply and sale of flour in Belgium. Following the Dutch regulator's decision to impose fines of over €81 million for anti-competitive agreements in the same industry, will leading Belgian producers also be put through the mill?

Beer discounts and blurred boundaries

On September 28 2010 the College of Competition Law Prosecutors dismissed a complaint filed against brewer InBev NV on March 10 2008 by Freedom CVBA, a purchasing association made up of several beverage wholesalers.

Freedom claimed that InBev was abusing its dominant position in the Belgian brewing and beer sales market by applying different commercial conditions, including different prices and discounts, to its on-trade customers.

Hardship accepted under the CISG

The Belgian Supreme Court has ruled that circumstances which were not reasonably foreseeable at the time of the conclusion of an agreement and which increase the burden of the agreement disproportionately, can, in certain circumstances, be considered as “an impediment” in the sense of Article 79 of the United Nations Convention on Contracs for the International Sale of Goods, signed in Vienna on 11 April 1980 (the “CISG”).

Competition and collecting societies: switch the channel, change the royalty rate?

The Court of Justice of the European Communities (ECJ) ruled that Article 82 EC does not preclude copyright management societies from imposing royalty rates calculated partly on the basis of television broadcast companies’ revenues, provided that the royalty calculation takes into account the actual or estimated use of the licensed repertoire and except where another calculation method would permit a more accurate identification of the use of that repertoire and the audience reached, without a disproportionate decrease in the efficiency of copyright management. The Court also held that applying different royalty rates to commercial and public channels probably amounts to an abuse of a dominant position unless there are objective justifications for such differential treatment.

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