Prohibition of price search engines and their use
Prohibition of price search engines and their use - Federal Court of Justice protects retailers. The prohibition of price search engines and their use by retailers is not permitted, even in a selective distribution system. Manufacturers and retailers should now have their contractual situation legally examined. ##The Asics case The jurisprudence and the Federal Cartel Office are increasingly faced with new methods of online marketing and [...]
ECJ – Intel, loyalty discount, market dominance
The loyalty discount is standard commercial practice. Loyalty discounts are generally unproblematic under antitrust law. However, this does not apply to companies with a dominant market position. According to the case law of the European Court of Justice, they were always automatically prohibited from granting loyalty discounts. The loyalty discount of companies with a dominant market position was considered per se to be restrictive of competition and therefore abusive. This has been the case since the recent Intel decision of the […]