Competitive Edge: Competition & EU Law - January 2025
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Keeping you up to date on Competition & EU law developments in Europe and beyond.
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In Focus
Recent AG opinion finds the holes in an exclusive distribution set-up for cheese: important practical guidance
In the recent case of Beevers Kaas, Advocate General Medina offers noteworthy insights into the complexities surrounding exclusive distribution agreements under EU competition law. The case explores the tension between Beevers Kaas' exclusive rights to distribute Beemster cheese in Belgium and Luxembourg and the sales activities of a Dutch supermarket chain in the same region. Central to the dispute is whether the distribution agreement satisfies the "parallel imposition requirement" under the Old Vertical Block Exemption Regulation (VBER). AG Medina's opinion underscores the importance of suppliers ensuring that all distributors in a given distribution network agree to and comply with an active sales ban to validate the exclusivity of a given territory. While the final decision of the Court of Justice of the European Union (CJEU) is yet to come, this case serves as a stark reminder of the intricate compliance requirements for operating exclusive distribution systems under EU competition law. For a more comprehensive analysis of AG Medina's arguments and their potential implications, read the full article.
Joint purchasing or buyer cartel? The German ALNG case – a blueprint for other joint licensing initiatives?
The German ALNG case has stirred up intriguing legal questions around joint purchasing agreements and buyer cartels in the realm of IP licensing. In this case, several top car manufacturers sought to consolidate their SEP (Standard Essential Patent) licensing negotiations through the Automotive Licensing Negotiation Group (ALNG). The Bundeskartellamt (BKA, the German competition authority) endorsed this plan, but did it blur the lines of FRAND license negotiations and anti-competitive hold-out? The article explores the underpinnings of this landmark case, challenging the BKA's broad market definition and the implications of ALNG's structure on free-market FRAND negotiations. If you're interested in the complex interplay of competition law and SEP licensing, this article will shed new light on these innovation critical issues, and the potential impact of the ALNG case on future licensing negotiation group initiatives.
Updates from our jurisdictions
EU
Shedding light on Article 106 TFEU and on the duty of collaboration of Member States: The overlooked pillar of EU competition law?
For more information or further guidance in this area, please contact Jose Rivas or Álvaro López de Ochoa García.
Czech Republic
First Food Sector Investigations and Fines after Major Regulatory Expansion in Czech Republic
If you need more information or further guidance in this area, please contact Vojtěch Chloupek or Martin Taimr.
Germany
German Federal Cartel Office blocks two projects by RTL on the television advertising market
If you need more information or further guidance in this area, please contact Stephan Waldheim or Gitty Narymany Shandy.
Hungary
The Hungarian Competition Authority updates its merger guidelines
If you need more information or further guidance in this area, please contact Gábor Kutai or Kinga Kálmán.
Italy
Italian Competition Authority accepts Booking.com commitments in abuse of dominance investigation
If you need more information or further guidance in this area, please contact Federico Marini Balestra, Lucia Antonazzi or Chiara Horgan.
Netherlands
FDI Alert: Consultation Launched on New Categories of (Highly) Sensitive Technologies
If you need more information or further guidance in this area, please contact Janneke Kohlen or Quirijn Mohr.
Poland
Polish competition authority imposes a fine on a pet food manufacturer
If you need more information or further guidance in this area, please contact Marcin Alberski or Stanislaw Szymanek.
UK
New Year - New Merger Control Rules
If you need more information or further guidance in this area, please contact Dr Saskia King, Ariane Le Strat, Emma Bermingham or Alienor Troletti.
Events and webinars
Conference
Generative AI for Automotive 2025
11 - 13 February | Munich, Germany
On 12 February our Brussels-based Regulatory & Public Affairs advisor Paolo Sasdelli will be participating in a panel discussion at the IQ Automotive's Generative AI for Automotive 2025 event.
The panelists will help the audience gain an understanding of the AI Act and its practical implications, with a particular emphasis on the automotive sector. They will also explore the areas where the EU AI Act might be inhibiting innovation, evaluate how the industry is complying, and identify the potential avenues where the AI Act could foster innovation.
More information on the event here
Conference
Competition Next Gen Summit 2025
12 - 14 February | Dublin, Ireland
This event, organised by Thought Leaders 4 Competition, brings together the rising stars of European Competition Law & Litigation to forge networks, discuss experiences and build their own personal brand.
Tialda Beetstra, Senior Associate in our The Hague and Amsterdam offices, will lead the workshop 'Exploring Developments in Foreign Subsidies Regulation' on 13 February.
More information on the event here
Bird & Bird news and publications
International Handbook of AI Law
AI is ubiquitous - including when it comes to antitrust and competition. In the antitrust chapter of this comprehensive handbook published by Wolters Kluwer, Dr. Stephan Waldheim summarizes the most prominent theories of harm pertaining to the development and use of, or investment in, AI technology under modern competition theory and practice.
The International Handbook of AI Law: A Guide to Understanding and Resolving the Legal Challenges of Artificial Intelligence is written in clear language by experts from all over the world. It elucidates the complex relationship between AI and the law, covering both existing laws and emerging AI specific legal regulations in a wide array of legal fields.
Find out more about the book here
AI and Competition Law
Bird & Bird's Tech & Comms Trends & Predictions for 2025 have been published! Among many fascinating topics, the report includes insights from our competition lawyers Dr. Saskia King, Anne Federle, Baptist Vleeshouwers, Matt Bovaird and Aurélie de Amorin on issues regarding AI and competition law.
Anthony Rosen, Vojtech Chloupek, Pauline Kuipers, Sander Wagemakers, Patrick Cordwell, Dylan McGirr, Quirijn Mohr, Francine Cunningham, Paolo Sasdelli and Paula Alexe were also among colleagues active in the Tech & Comms sector who provided their input into the report on other hot topics in the industry.
Ready to navigate this dynamic landscape? Read the sections of our report that interest you to find out more.
Partner featured as Distinguished FDI Adviser in Financier Worldwide magazine
“FDI control is basically foreign affairs in the interior – to restrict the free movement of capital for the benefit of national interests or alleged national interests. Following multiple crises, the current trend is to ‘reshore’ national interests.” Dr. Stephan Waldheim was featured as a "Distinguished Adviser" in Financier Worldwide magazine's Power Players report on Foreign Investment & National Security, imparting his insights.
Find the report here (paywall)
Dutch article on New Competition Tool
Joost van Roosmalen and Pauline Kuipers have published an article in the Dutch competition law journal Markt & Mededinging on the New Competition Tool. This is particularly relevant in the Dutch context since the Dutch national authority is pushing for more competences, including the New Competition Tool. The article explores the exact contents of such competences and some concerns on this potential extra tool for the Dutch regulator.
Read the article (in Dutch) here
Australian Competition team's recognition in Legal 500 2025 guide
Congratulations to our Competition and Tech & Comms Regulatory expert Thomas Jones and his Sydney-based team for their ranking in the Legal 500 2025 guide in the Competition and trade as well as the IT and telecoms sections.
The team is commended by clients for their ‘Commercial and practical approach,’ and Thomas Jones is described as "'a leader in his field’ bringing particular expertise in the technology and communications sectors and experience of ACCC investigations."
Antitrust Writing Awards 2025 - vote for your favourite articles!
We are delighted to share that 3 of our articles have been shortlisted for the Antitrust Writing Awards!
No-poach agreements can comply with competition – when they are not ‘naked’: A quick guide to ancillary no-poach agreements by Anne Federle and Paula González Alarcón
When does the hiring of another company's staff require merger control approval? by Anne Federle and Aurélie de Amorin
The Future Governance of Sports & Competition Law by Dr. Saskia King, Jose Rivas, Paula González Alarcón and Quinn Liang
Organised by Concurrences and The George Washington University Law School's Competition Law Center, the prestigious Antitrust Writing Awards select the best antitrust writings published in the past year.
Don't forget to give your favourite article a vote!
