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  1. Legal news
    11 June 2021
    Even “narrow” best price clauses are not narrow enough
    www.twobirds.com/en/news/articles/2021/germany/even-narrow-best-price-clauses-are-not-narrow-enough

    On May 18, 2021, the Federal Court of Justice (“FCJ”) ruled that Booking.com’s “narrow” best price clause violates Article 101 (1) TFEU (the cartel prohibition) as well. Thereby the FCJ overruled the Higher Regional ...

  2. Legal news
    12 October 2020
    Dual pricing and dual distribution – the German perspective
    www.twobirds.com/en/news/articles/2020/germany/dual-pricing-and-dual-distribution-the-german-perspective

    The EU Commission has confirmed in its recently published Evaluation that it is assessing the competitive effects of dual pricing and dual distribution. Following the significant growth of online sales, these practises ...

  3. Legal news
    18 August 2020
    Germany - Federal Cartel Office approves Intersport’s online platform
    www.twobirds.com/en/news/articles/2020/germany/federal-cartel-office-approves-intersports-online-platform

    Intersport switched its online sales platform operated by the Intersport subsidiary Intersport Digital GmbH (“IDG”) to a so-called "drop shipment business model". The FCO approved the business model due to it ...

  4. Legal news
    11 February 2020
    New German legislation allows access to the iPhone's NFC antenna
    www.twobirds.com/en/news/articles/2020/germany/new-german-legislation-allows-access-to-the-iphones-nfc-antenna

    As part of the implementation of the fifth Anti-Money Laundering Directive (AMLD5), the German Parliament has decided to require providers of technical infrastructures, such as Apple in relation to the Near Field ...

  5. Legal news
    18 August 2021
    The EU Commission publishes its draft VBER – A new blueprint for distribution in the EU
    www.twobirds.com/en/news/articles/2021/global/the-eu-commission-publishes-its-draft-vber

    The EU Commission published on 9 July 2021 its long-awaited draft vertical agreement block exemption regulation and accompanying guidelines. This article explores the proposed new regime in depth and highlights where ...

  6. Legal news
    23 December 2019
    Competitive Edge: Competition & EU law news - December 2019
    www.twobirds.com/en/news/articles/2019/global/competitive-edge-dec-2019

    Keeping you up to date on Competition & EU law developments in Europe and beyond

  7. Legal news
    26 March 2019
    New German Trade Secrets Act adopted
    www.twobirds.com/en/news/articles/2019/germany/new-german-trade-secrets-act-adopted

    After several months of delay and heated political discussion among all German parties on the scope of protection of the draft act, on Thursday, 21 March 2019, the German parliament adopted the Federal Government’s ...

  8. Legal news
    17 March 2020
    Double Caution: Gun Jumping Risks in M&A Transactions
    www.twobirds.com/en/news/articles/2020/global/double-caution-gun-jumping-risks-in-m-and-a-transactions

    Following a few interesting EU developments regarding gun jumping in concentrations our Competition team looked into the relevance for M&A transactions, whilst taking into perspective what the ECJ and European ...

  9. Legal news
    23 March 2020
    Managing merger control filings during COVID-19
    www.twobirds.com/en/news/articles/2020/global/managing-merger-control-filings-during-covid-19

    A brief overview of the challenges created by the COVID-19 crisis, the coping strategies of competition authorities, and suggestions on what can be done if you are working on a project requiring merger control approval.