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  • Article

    French Competition Authority Fines Bang & Olufsen € 900,000 For Banning Internet Sales

    On 12 December 2012, the French Competition Authority issued its decision fining Danish high-end electronics manufacturer Bang & Olufsen and its French subsidiary € 900,000 for imposing a de facto prohibition on online sales of its hi-fi and audio products, thereby weakening competition between distributors.
    FranceAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Disclosure Of Criminal Investigation File To Civil Court Reviewing Cartel Damages Claim Does Not Infringe Fundamental Rights

    The Constitutional Court did not accept the complaints by several companies that were found to have committed a cartel offence.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Burden Of Proof Of Exhaustion Of Intellectual Property Right Rests With Alleged Infringer

    It added that Bacardi had not provided enough evidence to show that it had not provided consent for each and every contested good.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Failure To Inform Court About Circumstances Giving Rise To Doubts Regarding Validity Of Design While Seeking Seizure Constitutes Fault Under Belgian Law

    In a judgment of 28 February 2018, the Brussels Court of Appeal (the "Court") held that, by failing to inform it that specific circumstances could cast doubt on the validity of the right at stake ...
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Clarification Of Relationship Between EU Common Agricultural Policy And Competition Law

    The objectives of the EU's common agricultural policy differ from those of EU competition law.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Pre-Stressing Steel Cartel Case – Assessment Of Parent Company's Derivative Liability

    A parent company can rebut this presumption by bringing forward sufficient evidence that its subsidiary acted autonomously on the market.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Commission Reports On Implementation Of Collective Redress Recommendations At National Level

    The Report canvasses the extent to which those principles and recommendations have been incorporated into national law by Member States.
    European UnionConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Clarifies Interpretation Of Consumer Sales And Guarantees Directive

    Accordingly, the ECJ favours the performance of the contract instead, rescission should be considered as a solution of last resort.
    European UnionConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Clarifies Conditions Under Which Commercial Agent's Right To Commission Can Be Extinguished

    The dispute at issue related to the reimbursement of commissions of a financial agent to her principal, a company operating in the insurance sector.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Provides Guidance On The Duty Of Recovery In Case Of Non-Compliance With Block Exemption Regulation

    Finally, the ECJ reaffirmed that insofar as national authorities are required to order the recovery of unlawful aid, they must also claim interest from the beneficiary.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Commission Fines GE € 52 Million For Providing Incorrect Information During Merger Review

    On 11 January 2017, GE notified its proposed acquisition of LM Wind to the Commission.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgium Garners European Support For Initiative To Improve Security Of Medicines Supply In Europe

    On 2 May 2023, the Belgian federal Minister of Social Security and Health published a brief policy document defining three proposed action points to deal with medicine shortages in the EU
    European UnionFood, Drugs, Healthcare, Life Sciences
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    3-D Pattern Covering Soles Of Birkenstock Shoes Cannot Be Protected As Figurative Mark

    On 13 September 2018, the ECJ held in Case C-26/17P, Birkenstock v. EUIPO, that Birkenstock's pattern of wavy lines crisscrossing at right angles in a repetitive sequence could not be protected as a figurative mark.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate-General Of Court Of Justice Of European Union Issues Opinion On Louboutin's Red Sole

    In 2012, Van Haeren started selling high-heeled women's shoes with red soles.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Holds That Unauthorised Re-Posting Of Protected Content Constitutes Copyright Infringement

    On 7 August 2018, the Court of Justice of the European Union delivered its first copyright judgment of 2018. The ECJ held in case C-161/17, Renckhoff, that the unauthorised re-posting of a copyrighted work is ...
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Commission Announces First FSR Ex Officio Investigation

    On 9 April 2024, the Commission announced a new investigation under the Foreign Subsidies Regulation (‘FSR') to examine whether foreign subsidies distort competition in the European wind power market.
    European UnionInternational Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Yukos Case: Brussels Court Of First Instance Unfreezes Russia's Assets

    Russia responded and started third-party opposition proceedings before the Court in which it challenged the legality of those seizures.
    European UnionLitigation, Mediation & Arbitration
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    New Directive On Copyright In Radio And Television Programmes

    On 15 April 2019, the Council of the European Union approved a Directive on the exercise of copyright and related rights applicable to certain online transmissions by broadcasting organisations and retransmissions of television ...
    European UnionMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Higher Regional Court Of Hamburg Addresses Ban On Online Sales Via Third-Party Platforms For Non-Luxury Products

    On 22 March 2018, the Higher Regional Court of Hamburg upheld a ruling of the Regional Court of Hamburg ordering an authorized dealer in a selective distribution system to cease and desist...
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    New National Security Merger Thresholds Come Into Force In The UK

    On 11 June 2018, new merger control thresholds entered into force in the UK, allowing for greater intervention in transactions raising national security concerns.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis

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