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 | 2 min read | 11.14.25
Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims. Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution. Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012). The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
