European Commission to Launch a Market Sector Inquiry Into E-Commerce
Client Alert | 2 min read | 04.27.15
The European Commissioner, Margrethe Vestager, has announced that it intends to launch a sector inquiry on e-commerce in May this year. The "Digital Single Market" is one of the top priorities of the Juncker's Commission and, hence, competition enforcement in the Single Digital Market is also a priority for Commissioner Vestager. As previously done for the energy, food and pharmaceutical sectors, a market inquiry is a fact-finding exercise to help the Commission identify potential areas of concern in terms of competition law enforcement. In this case, the European Commission intends to focus on potential restrictions or distortions in online commerce.
We understand that the market inquiry will focus on distribution agreements, with particular regard to pricing, but geo-blocking and any other clauses restricting online cross-border trade of consumer products will also be targeted. Any company operating in the online sphere, in any sector whatsoever, is likely to receive a questionnaire from the Commission. This includes manufacturers, merchants of goods sold on line, companies that run online platforms, as well as holders of content rights and broadcasters. Based on the results of the inquiry, the Commission will determine whether further action is required and if so, which measures to take. Therefore, we recommend that companies respond to the Commission's questionnaire within the given timeframe.
Other Articles in this Month's Edition:
- Bipartisan Bill Would Expand FDA's Reach Over "Personal Care Products" and Cosmetics
- CPSC Seeks Civil Penalties Against National Retail Chain
- EU Companies Beware! Communicating Erroneous Information Must Now Be Classified as 'Misleading Commercial Practice'
- EU Publishes 2014 RAPEX Report
- Risk Management: Thoughts on the NY AG's Investigation of Herbal Supplements
- Advertisers in the Ring – A Roundup of This Month's Competitor Advertising Challenges: Clearly Identify the Basis of Claims and Comparisons
- California Business Won't Accept Prop 65 Reforms Without a Fight
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Client Alert | 5 min read | 12.12.25
Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality
On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument.
Client Alert | 8 min read | 12.11.25
Director Squires Revamps the Workings of the U.S. Patent Office
Client Alert | 8 min read | 12.10.25
Creativity You Can Use: CJEU Clarifies Copyright for Applied Art
Client Alert | 4 min read | 12.10.25
Federal Court Strikes Down Interior Order Suspending Wind Energy Development
