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Best price clause of the HRS hotel booking portal violates antitrust law

Best price clause of the HRS hotel booking portal violates antitrust law

(Higher Regional Court in Düsseldorf, decision dated January 9, 2015 VI – Kart. 1/14 (V) [not yet legally binding]) The clause of a hotel booking portal holding a dominant position in the market that prohibits registered hotel operators from undercutting the room prices offered on the booking portal through other ... Read More »

Online sales and selective distribution of brand products

Online sales and selective distribution of brand products

In the article ‘Online sales and selective distribution of brand products’ in Twinkle Magazine, Eric Janssen and Joost Becker explain the online sale of brand products by selective distributors from the perspective of trademark and competition law. Trademark law gives producers very extensive possibilities of imposing requirements on their retailers ... Read More »

OLG Schleswig-Holstein: prohibition of sale via online platforms at odds with the ban on cartels

OLG Schleswig-Holstein: prohibition of sale via online platforms at odds with the ban on cartels

The Oberlandesgericht (OLG) Schleswig-Holstein, the appeal court of the German state of Schleswig-Holstein, ruled in a judgement of 5 June 2014 that Casio Europe (Casio) may not prohibit approved specialist photography shops from selling digital cameras via online platforms like eBay and Amazon. The OLG said the prohibition was at ... Read More »

Board of Appeal of Dutch Advertising Code Committee: Booking.com misleads customers with promotional texts

Board of Appeal of Dutch Advertising Code Committee: Booking.com misleads customers with promotional texts

The notice ‘We have only 1 room left!’ on the booking website Booking.com is misleading, according to a decision by the Board of Appeal of the Dutch Advertising Code Committee given on 4 July 2014. Booking.com misleads customers by suggesting that hotel rooms are nearly sold out, while rooms are ... Read More »

On the prowl

On the prowl

There’s a new beast on the prowl in the UK legal jungle. Though still lurking in the shadows, it is due to emerge from the trees into the open sunlight come springtime. And it’s a big one. Its name – the Competition and Markets Authority – isn’t exactly thrilling.  Nor ... Read More »

BKA critical about the prohibition on sale via online marketplaces

BKA critical about the prohibition on sale via online marketplaces

In a press release of 28 April 2014, German competition authority the Bundeskartellamt (BKA) announced its view that manufacturers may not prohibit their distributors from selling their products via online marketplaces like eBay and Amazon, because this kind of prohibition restricts competition. The preliminary opinion from the BKA The BKA ... Read More »

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