Talking Shop June 2025

This edition includes a deep dive into class action regimes in France and Spain; competition law updates from Finland, Germany and The Netherlands; a need to know overview of recent developments relating to the EU Green Claims Directive; and much more!

In the News & Events section you can find information about the next in our series of advertising law webinars, which will cover the latest developments in the law around advertising prices to consumers in the EU and UK.

Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.

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In this edition:

• Spotlight on the Fragrance Sector
• Spotlight on Class Action Regimes
• Competition
• Consumer Law
• Green Claims
• Intellectual Property
• Product Compliance
• Restructuring
• News & Events

Spotlight on the Fragrance Sector

Fragrance Trend Tracker: What the 2025 Fragrance Foundation Awards Tell Us About the Future of Scent

The annual U.S. Fragrance Foundation Awards are a prestigious event in the fragrance industry, often referred to as the "Oscars of the fragrance world". The 2025 awards recognised excellence across nineteen categories, highlighting the diversity of artistry and the impact of fragrance on the current market. We share our key takeaways from the list of victors.

Read the full article here

Spotlight on Class Action Regimes

Mass Claims Across Borders: A Deep Dive into France and Spain

Building on our previous analyses of class action regimes in the Netherlands, England and Wales, and Germany in January 2025 (see here) and Poland and Belgium in March 2025 (see here), we now turn to France and Spain where major transformations are underway. 

In a landmark move, the French Parliament has adopted a sweeping reform on May 2 2025, consolidating seven fragmented legal schemes into a single, strengthened mechanism. In contrast, rather than making minimal adjustments to comply with EU requirements, Spain has seized this opportunity to undertake a comprehensive reform of its collective redress system. 

Read the full article here

Competition

EU: Small Stakes, High Fines - European Commission Fines Delivery Hero and Glovo EUR 329 Million

On 2 June 2025, the European Commission announced imposing fines totaling EUR 329 million on Delivery Hero and Glovo for participating in a cartel in the online food delivery sector. This case is noteworthy as it is the first fine issued by the European Commission for ‘no-poach’ agreements and because it deals with the competition law risks of taking a minority stake in a competing company. 

Read the full article here

Finland: Exclusivity and Price Parity Clauses Under Review in Finland’s Food Delivery Market

The growing role of digital platforms in food sales has raised concerns among competition authorities, particularly around the power of dominant platforms to “tip” the market-attracting restaurants and consumers so effectively that competitors struggle to survive. In Finland, the Finnish Competition and Consumer Authority recently published the findings of an inconclusive assessment that offers fresh insight into the contractual terms used by dominant platforms.

Read the full article here

Germany: Vertical Price Fixing - German Federal Cartel Office fines Sennheiser and Sonova

The German Federal Cartel Office has imposed fines totaling nearly €6 million on audio products manufacturers Sennheiser electronic SE & Co. KG and Sonova Consumer Hearing Sales Germany GmbH, along with three responsible employees, for vertical price fixing in the consumer electronics sector. This enforcement action highlights continued regulatory vigilance against resale price maintenance practices and offers important compliance lessons for businesses operating selective distribution networks.

Read the full article here

The Netherlands: All Bark, no Bite? Dutch Regulator Starts Investigation into Veterinary Sector

Following conversations with stakeholders and a consumer complaint survey, the Netherlands Authority for Consumers & Markets has published their research methods for investigating the veterinary market, which focuses on medical care for pets. The market investigation follows a request from the State Secretary of Agriculture, Fisheries, Food Security and Nature to examine the range of choices available to consumers and the competition between veterinary practices.

Read the full article here

Consumer Law

EU: Update on the European Commission’s Consumer Agenda 2025–2030 and Single Market Action Plan

The European Commission, on 19 May 2025, has launched a call for evidence and public consultation on the new Consumer Agenda 2025-2030, accompanied by an action plan on consumers in the Single Market, aiming to ensure that consumers can fully benefit from a modern, fair, and sustainable internal market. We provide a brief overview of this new initiative. 

Read the full article here

Australia: Burying the Lead (Generation)? ACCC Commences Review of Unsolicited Selling

On 17 June 2025 the Australian Competition and Consumer Commission announced that it has commenced a review of unsolicited selling and lead generation practices. The review responds to a designated complaint lodged by the Consumer Action Law Centre, highlighting alleged widespread harm from certain tactics used in unsolicited sales, as well as the potential misuse of lead generation techniques to bypass consumer protections.

Read the full article here

Germany: Ready for the EAA? European Accessibility Act Implementation Entering into Force on 28 June 2025

The German Accessibility Strengthening Act took effect on 28 June 2025. It implements the accessibility requirements of Directive (EU) 2019/882. The BFSG is complemented by the Ordinance on the Accessibility Strengthening Act of 22 June 2022, which defines specific accessibility requirements for the products and services covered by the BFSG. We provide practical guidance on the scope of the German EAA implementation law, key compliance obligations and technical standards that companies should adhere to in order to avoid legal risks. 

Read the full article here

Green Claims

EU: The Possible End of the Green Claims Directive - Is It All Greenwashing Now?

News broke that the EU may stop its Green Claims Directive. Some have already reported its withdrawal, which is - as of now - premature. Here's what you should know about recent developments.

Read the full article here

Intellectual Property

Singapore: SG Trade Marks Fast Programme - Accelerated Examination for Local Applications in Singapore (Practical Implications for Brand Owners)

The Intellectual Property Office of Singapore has recently implemented a major initiative designed to accelerate the examination of trade mark applications: the new SG Trade Marks Fast programme. This launch follows the completion of the SG IP FAST pilot programme on 31 December 2024. This will significantly cut down the overall time to registration, given that the previous standard timeframe for trade mark applications to be examined were generally around 4 to 6 months, or longer depending on the backlog at the Registry.

Read the full article here

UK: Dream Pairs in Dream Land - Post-Sale Confusion Can Be a Basis for Infringement...But Not on the Facts of this Case

This case involved the question of whether the well known UMBRO logo owned by Iconix was infringed under s.10(2) TMA (likelihood of confusion) by Dream Pairs use of the “DP Sign”. The Supreme Court’s judgment will be broadly welcomed by trade mark owners, but it does raise some uncertainties.

Read the full article here

Product Compliance

Germany: The Defectiveness of Products under the New EU Product Liability Directive - the German Perspective

On 8 December 2024, the revised EU Product Liability Directive 2024/2853 came into force, replacing the existing Liability Directive from 1985. This reform responds to decades of technological development and the increasing complexity of digital products, artificial intelligence and new business models, such as those involving large supply chains. The old Directive is being replaced with a new version that considers the shift to a digital and circular economy as well as the risks associated with new products and technologies.

Read the full article here

Restructuring

Australia: Facing the Squeeze - Trading Challenges for Retail and Hospitality businesses

The retail and hospitality sector in Australia remains relatively steady in terms of financial performance. However, retailers continue to be faced with some persistent headwinds and difficult trading conditions. In our three part series, we cover some of the challenges facing Australian businesses in the sector, including those exposed to external administrations, the strategies that are working via administration, and how early intervention and turnaround strategies can help preserve long term enterprise value for stakeholders. 

Read the full article here

News & Events

Webinar: Advertising Prices to Consumers

29 July, 15.00-16.00 BST

The next in our series of advertising law webinars will cover the latest developments in the law around advertising prices to consumers in the European Union and UK. This is an area of increasing importance and complexity, with recent changes in law brought about by the EU Omnibus Directive and the UK’s Digital Markets, Competition and Consumers Act 2024. This webinar will explore the key principles around advertising prices and the latest legislative changes in this area, to help you to run eye-catching price promotions that stay on the right side of the law.

Find out more and RSVP here