Talking Shop January 2025
Written By
Partner
UK
I'm the global head of our International Retail & Consumer sector group. As a partner in our international Commercial group in London, I work primarily with retail & consumer focussed businesses on their domestic and international growth and expansion strategies.
Welcome to the January 2025 edition of Talking Shop!
This edition includes an exploration of what's in store for the Food & Beverage sector in 2025 in our new Agri-Food Horizon Scan; guidance on navigating the European Accessibility Act for online retailers; IP case updates from the UK and Australia; and much more! You can also find information about two webinars taking place in February in the News & Events section.
Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.
VIEW PREVIOUS EDITIONS OF TALKING SHOP
In this edition:
- 2024 Retail Wrap-Up
- Spotlight on Agri-Food
- Competition
- Consumer Law
- Intellectual Property
- Sustainability
- News & Events
Retail Therapy Podcast: 2024 Reflections
In this special year-end episode of the Retail Therapy podcast, we revisit and review our 2024 predictions for the retail industry. From the rise of AI in retail, to the revival of the beauty superstore, to regulatory crackdowns - we discuss which predicted trends came to fruition versus which took unexpected turns. Tune in for an insightful wrap-up of the year's biggest retail developments and what they could mean for 2025.
Spotlight on Agri-Food
Europe: Agri-Food Horizon Scan - What's in Store for the Food & Beverage Sector in 2025?
The Food & Beverage sector is currently undergoing significant transformations driven by innovative sustainability efforts and the imperative to build consumer trust. In this edition of our Agri-Food Horizon Scan, we explore several key EU legislative and policy developments shaping the future of the sector, including environmental advertising directives, guidance for the authorisation of novel foods, the legal framework on geographical indications, and more.
Competition
Europe: Recent AG Opinion Finds the Holes in an Exclusive Distribution Set-up for Cheese
In an interesting and well-written opinion, Advocate General Medina provides useful insights relevant to the protection of allocated exclusive territories in an exclusive distribution setup. The case involves Beevers Kaas, a Belgian company that is an exclusive distributor of Beemster cheese in Belgium and Luxembourg, which it purchases from the Dutch manufacturer Cono.
Czech Republic: First Food Sector Investigations and Fines after Major Regulatory Expansion
The Czech Office for the Protection of Competition recently conducted thorough investigations across various food and agricultural sectors to ensure compliance with the amended Act on Significant Market Power and Unfair Trade Practices. This article sets out the main takeaways from the Office’s investigation report.
Poland: Polish Competition Authority Imposes a Fine on a Pet Food Manufacturer
The Polish Office of Competition and Consumer Protection recently announced it has fined producer of pet food for cats and dogs, Empire Brands, and two of its managers, the President of the Management Board and a former Board member, nearly half a million zlotys for allegedly forcing retailers to adhere to minimum resale prices when selling the company's products online. This case highlights how important it is for pet food sector companies to have robust competition law practices in place.
Consumer Law
Europe: A Guide to Navigating the European Accessibility Act for Online Retailers, Service Providers and Platforms
The European Accessibility Act (Directive (EU) 2019/882), which applies to all retailers and service providers selling goods and services to consumers in the EU, will harmonise accessibility requirements across the EU for several mainstream consumer digital products and services for the first time. With only six months to go before the EAA comes into force, all online retailers and service providers selling to consumers, and platforms facilitating transactions, need to assess and address the impact of the EAA on their business.
Europe: The End of the European Dispute Resolution Platform
Regulation (EU) 2024/3228 of 19 December 2024 repeals Regulation (EU) 524/2013, which established the European Online Dispute Resolution Platform at European Union level, offering a single point of entry to consumers and traders seeking the out-of-court resolution of disputes arising from online sales or service contracts. The reason behind this decision is the low consumer use of the system coupled with the even lower acceptance of the system by traders: only 2% of the complaints submitted received a positive reply from traders, which means about 200 cases per year across the Union.
France: Online Retailers Cannot Require Consumers to Turn to Carriers in Case of Delivery Issues
In 2023 in France, more than 24,000 complaints were recorded on the SignalConso platform concerning problems with the delivery of small parcels weighing less than 30 kilograms. The complaints highlighted a range of recurring issues encountered by consumers, such as parcels being lost or damaged, deliveries left at unscheduled or distant relay points, and non-compliance with promised delivery times. These problems emphasise the necessity for strict adherence to legal obligations by all entities involved in the delivery process.
Intellectual Property
Australia: Mamma MAMIA! Aldi’s Puffs Deflated in Copyright Infringement Stoush
It is no secret that Aldi Foods Pty Ltd (Aldi) sails close to the wind when it takes inspiration from the products of other traders. Recently, Aldi found itself on the receiving end of a claim of copyright infringement in respect of certain artistic works used on the packaging for children’s food products. We discuss the decision and the emphasis on assessing copyright infringement on a qualitative, not quantitative basis.
Europe: The New Right to Repair Directive – How Does it Interact with Intellectual Property Rights?
The Directive (EU) 2024/1799 on Common Rules Promoting the Repair of Goods has brought changes for manufacturers, distributors and consumers, as the EU continues pursuing its goal to promote more sustainable consumption. Despite promoting a valuable shift from linear to circular economy, the Directive doesn’t fully address some important questions relating to intellectual property rights. We give a general overview of the new changes and shed light on some relevant IPR considerations.
UK: Lessons in Expert Witness Instruction from UK Ruling in Shower Patent Dispute
Expert witnesses are seen in virtually every patent dispute that reaches the UK courts. A recent UK Intellectual Property Enterprise Court judgment in a dispute between shower manufacturers Kohler Mira Limited and Norcros Group (Holdings) Limited highlights the importance of instructions given to expert witnesses in patent proceedings.
Sustainability
Europe: How will the EU's Ecodesign Regulation Update Affect You?
The scope of the Ecodesign for Sustainable Products Regulation represents a significant expansion compared to the previous Ecodesign Directive, extending to almost all physical products. The group of affected economic operators has also been expanded - now, fulfilment service providers and online marketplace operators are also subject to safety-related obligations. Several product categories are currently "on the radar" of the EU under the ESPR, including textiles, furniture, ICT products and other electronics, to name a few.
Find out more about our upcoming webinar series helping you prepare for the new Ecodesign Regulation here.
UK: Introduction to the UK Energy Savings Opportunity Scheme (ESOS)
Compliance with the Energy Savings Opportunity Scheme Regulations 2014 is currently in the spotlight following the expiry of the Phase 3 compliance period on 5 December 2024, with the Environment Agency serving enforcement notices for alleged non-compliance shortly after. This article demystifies this scheme and can help you understand what ESOS means for your businesses regardless of where you are on your ESG compliance journey.
News & Events
Navigating the European Accessibility Act
06 February, Webinar
The European Accessibility Act (EAA) is a groundbreaking legislative measure adopted by the European Union to enhance the accessibility of products and services for persons with disabilities across the EU market. It will impact a wide range of consumer-focused digital industries, including e-commerce, as well as several devices for these industries, such as computers, tablets and smartphones. In this webinar, we'll provide an overview of accessibility obligations under the legislation, insights into the compliance landscape, details on exceptions and exclusions and practical steps to ensure compliance.
How Can You Prepare for the new Ecodesign Regulation? Ecodesign 101: Navigating the new Regulation
19 February, Webinar
The new Ecodesign Regulation sets the framework for significantly stricter sustainability obligations covering the entire life cycle of virtually all physical products marketed in the EU. To help you understand and prepare for these upcoming changes, we're hosting a series of workshops focused on the product groups that will be prioritised for setting concrete Ecodesign requirements. We'll kick off with an introductory session, where we'll provide an Ecodesign 101 to navigating the new Regulation.
