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 | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
Client Alert | 3 min read | 11.20.25
Client Alert | 6 min read | 11.19.25
