Aktuelle eAlerts

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  31.03.2023

  Großbritannien

  Part 2 of our 7-part se­ries on the draft Me­dia Bill - a re­vi­sed pro­mi­nence re­gime

  Following on from our article on the regulation of radio selection services (which you can access here), in this article we explore Part 2 of the draft Media Bill (“Prominence on Television Selection Services”).The current regulatory frameworkThe current so-called “prominence” framework (as set out in the Communications Act and Ofcom’s code of practice on EPGs) guarantees specified PSB linear channels prime positioning in EPGs. In particular, the current framework guarantees that the first five channels the public find when they switch on (or, at least, navigate to...

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  31.03.2023

  Romania

  Ro­ma­ni­an Com­pe­ti­ti­on Coun­cil in­ves­ti­ga­tes po­ten­ti­al col­lu­si­on in sun­flower oil, but­ter and su­gar mar­ket

  The Romanian Competition Council has launched three investigations regarding potential price-fixing arrangements in the markets of the production of sunflower oil, butter and sugar. As part of its investigation, the Competition Council conducted dawn raids at the headquarters and other locations of the companies suspected of collusion.The Competition Council indicated that it has suspicions that certain producers may have taken advantage of the current inflation and agreed to increase sale prices in order to unduly increase profits. The President of the Competition Council, Bogdan Chiritoiu, stated...

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  31.03.2023

  Europe

  Arm­chair in­ven­ti­ons part 3: De­ci­si­on on plau­si­bi­li­ty at the EPO (G2/21)

  The issue of plausibility was previously referred to the Enlarged Board of Appeal (EBA), the highest judicial authority at the European Patent Office (EPO). Our article on the referral can be found here. The oral proceedings for G2/21 took place in Munich on 24 November 2022 and our article summarising the preliminary opinion can be found here.  The final decision has now issued – and leaves plenty of room for interpretation.Question 1: Principle of free evaluation of evidenceThe first question considered by the EBA was whether, in a case where post-published evidence is the exclusive...

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  31.03.2023

  Bulgarien

  CMS Ex­pert gui­de on Right Bid­ding vs Bid Rig­ging

  Public procurement rules and their strict observance is of key importance to ensure good quality products and services to citizens on the best possible financial and service delivery terms. An efficient competitive process in tenders can lead to lower prices, higher quality and more innovation in the supply of goods and services.Bid rigging refers to illegal agreements between participants in tenders with the aim of distorting competition in award procedures and enabling a predetermined tenderer to secure a contract while creating the impression that the procedure is genuinely competitive. Often...

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  31.03.2023

  Großbritannien

  High Court ru­les in fa­vour of con­su­mers, pro­vi­ding an in­ter­pre­ta­ti­on on the Pa­cka­ge Tra­vel, Pa­cka­ge Ho­li­days and Pa­cka­ge Tour Re­gu­la­ti­ons 1992

  The High Court has allowed an appeal by consumers who claimed compensation when a Northwest Passage cruise they had booked was not, because of sea ice, able to follow the planned itinerary. Applying the Package Travel, Package Holidays and Package Tour Regulations 1992, the judge found, in Sherman v Reader Offers Ltd, that the travel company was in breach of contract and could not rely on either the Regulations or the contract terms to exclude liability.BackgroundMr and Mrs Sherman booked a cruise, which was due to take travellers through the Northwest Passage. The booking was made by telephone...

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  31.03.2023

  Großbritannien

  Dark pat­terns re­main firm­ly un­der the re­gu­la­tor’s spot­light

  This week the Competition and Markets Authority (the “CMA”) has continued to shine a light on dark patterns, publishing an open letter for online businesses regarding urgency and price reduction claims and an update to its ‘Online Rip-Off Tip-Off’ campaign addressing misleading online practices.  This article explores each of these as well as future potential enforcement and areas of focus against the backdrop of the anticipated Digital Markets, Competition and Consumer Bill (which has yet to be published at the time of writing this article).Open letter for online businesses...

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