Extending discount promotion an infringement of competition law

According to a judgment of the LG Hamburg (Regional Court of Hamburg), extending fixed-term promotional discounts for no particular reason constitutes an infringement of competition law.   GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Fixed-term promotional discounts are an important form of advertising for […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Kartellamt prohibits best-price clause on hotel reservation portals

The Bundeskartellamt (German Federal Cartel Office) has prohibited a hotel reservation portal from using so-called “narrow” best-price clauses, arguing that they restrict competition.   GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: The use of best-price clauses has long been controversial and a thorn in […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Active Supervision and State Action Immunity for Licensing Boards Controlled by Market Participants

In early 2015, the U.S. Supreme Court held in North Carolina State Board of Dental Examiners v. FTC that the “active state supervision” prong of the state-action immunity from antitrust liability test applied to state licensing boards controlled by market participants. You can read my analysis of the decision here. And you can read the amicus brief that Bona Law filed in […]

Jarod BonaPartner, Bona Law PC

OLG Hamburg: Advertising with lowest price guarantee potentially anti-competitive

According to a ruling of the Oberlandesgericht Hamburg (Higher Regional Court of Hamburg), advertising with a lowest price guarantee is potentially misleading and thus anti-competitive (Az.: 5 U 160/11).   GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: “Lowest price guarantee. Your interest is our […]

Michael RainerManaging Partner, MTR Rechtsanwälte

BGH: Fruit juice can be promoted with description “lernstark”

In its judgment of December 10, the BGH ruled that statements such as “lernstark” (fast learner) and “Mit Eisen zur Unterstützung der Konzentrationsfähigkeit” (with iron to promote concentration) are permissible on foodstuffs (I ZR 222/13).   GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: The […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Suite of New Procurement Legislation

On 21 January 2016, the Procurement Reform (Scotland) Act 2014 (Commencement No.3 and Transitional Provisions) Order 2016 was laid before the Scottish Parliament. This was closely followed on 28 January by two new sets of Scottish Procurement regulations, the Utilities Contracts (Scotland) Regulations 2016, which replace the Utitlities Contracts (Scotland) Regulations 2012, and the Public Contracts (Scotland) Amendment Regulations […]

Bundeskartellamt has audio books in its sights

  Audio books have attracted the attention of the Bundeskartellamt (German Federal Cartel Office). The competition watchdog is investigating whether an online mail order company and a manufacturer of consumer electronics are acting contrary to competition law.   GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London […]

Michael RainerManaging Partner, MTR Rechtsanwälte

EGC: Test procedure for vacuums not misleading to consumers

Specifications regarding the energy consumption of empty vacuum cleaners do not infringe competition law. That was the decision of the General Court of the European Union (EGC) in its ruling of November 11 (Az.: T-544/13).   GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Information […]

Michael RainerManaging Partner, MTR Rechtsanwälte