Competitive Edge: Competition & EU Law December 2021
Written By
Partner
Netherlands
I am a partner in our NL office, based in The Hague, where I was one of its founding lawyers in 2001.
Partner
Denmark
I'm a partner and co-head of our international Competition & EU group. I also lead the Competition & EU team in Denmark. I have a particular focus on applying competition & EU law as a tool to achieve specific and measurable business objectives for our clients.
Keeping you up to date on Competition & EU law developments in Europe and beyond.
Read the full newsletter here >
In focus
When the chips are down: Allocating short supplies in times of crisis
Semiconductors are in short supply. Companies from virtually all sectors, including most notably electronics and automotive, are struggling with meeting customer demand. In response to the crisis. Many have taken a pro rata approach to allocating short supplies, i.e. the remaining quantities are allocated proportionally amongst all customers, based on the customers’ forecasts. While sharing the pain seems intuitive in times of crisis, the competition law risks, as well as opportunities, involved seem underexposed in the current debate.
This article provides answers to some of the most pressing competition law questions surrounding the current chip crisis and advocates a more flexible approach to dealing with it.
Legal challenges surrounding the current chip crisis – an overview
Webinar recording
10 February 2022 13:00-14:00
Companies from virtually all sectors, including most notably electronics and automotive, are struggling to meet customer demand in the current chip crisis. While sharing the pain seems intuitive in times of crisis, companies often overlook the legal risks and opportunities involved in allocating short supplies.
Based on experience obtained particularly in the automotive sector in Europe, Stephan Waldheim, Philipp Egler and Gian Marco Rinaldi will analyse the legacy (pro rata) and alternative allocation methods, and classify the associated risks from a contract and competition law perspective.
Issues discussed in this webinar include:
- Does the shortage of semiconductor chips entitle a party to invoke a force majeure clause?
- In times of shortage, is allocation the answer?
- Price increases during a shortage – how to react?
- When shortage becomes a competition law issue – risks, opportunities & best practices for suppliers and customers
Find out more and register for this free webinar hosted by Lexology >
EU
When taking the lead may become problematic – Lead registration programmes under scrutiny
For more information contact Morten Nissen or Alexander Brøchner
Australia
ACCC will not oppose Turnitin’s proposed acquisition of Ouriginal
For more information contact Thomas Jones or Patrick Cordwell
Czech Republic
Publishing average hourly rates breaches competition rules
For more information contact Vojtěch Chloupek or Jiří Švejda
France
Damages in follow-on actions: more accurate assessments ahead
For more information contact Thomas Oster or Eliott Costet
Italy
Quantitative restrictions in e-commerce agreements: Amazon and Apple fined for more than EUR 200 million by the Italian Competition Authority
For more information contact Federico Marini Balestra or Lucia Antonazzi
Poland
The largest Polish wholesaler fined for unfair use of its contractual advantage
For more information contact Piotr Dynowski or Marcin Alberski
Netherlands
The Dutch Competition Authority ends its investigation into a possible wage-fixing cartel between Dutch supermarkets
For more information contact Pauline Kuipers or Matteo StainerSpain
Year-in-review - Spanish competition law in 2021
For more information contact Candela Sotés
The UK
More clarity on the future UK VABEO for supply chain agreements
For more information contact Ariane Le Strat
Podcasts, Webinars & Events
Competitive Edge The Podcast
Episode 3: Key changes of the Draft EU VBER
In this 10-minute podcast competition counsel Päivi Tammilehto (Helsinki) and senior associate Ariane Le Strat (London) discuss the key changes set out in the draft EU VBER (Vertical Block Exemption Regulation) which will come into force in May 2022, upgrading the terms of safe harbour available to supply chain agreements across the EU.
Click here to listen to the podcast >
Webinar - France - The European Commission updates its distribution regime
La Commission actualise son règlement en matière de distribution: ce que vous devez retenir
13 January 12:00 - 13:00 CET
Our Paris-based partner Thomas Oster and senior associate Claire Burlin will walk you through the changes and opportunities arising out of the EU Commission's
recently published draft Vertical agreement Block Exemption Regulation (VBER) and accompanying guidelines.
The focus will be on how businesses can adapt their distribution agreements to seize opportunities under the new regime while remaining compliant with competition rules.
Register for the free webinar (in French) here >
Webinar - Italy - The European Commission updates its distribution regime
Revisione della disciplina europea delle intese verticali: quali novità in arrivo per le imprese?
Save the date: 27 January
Our Rome-based partner Federico Marini Balestra and associate Lucia Antonazzi will hold a webinar in Italian on the changes and opportunities arising out of the EU Commission's new draft Vertical agreement Block Exemption Regulation (VBER) and accompanying guidelines.
Look out for more information in the January edition of our newsletter.
To save your place now write to eventi@twobirds.com
News & publications
Congratulations!
Congratulations to our senior associate Candela Sotés Macaya, who was listed in the Inaugural Edition of Best Lawyers: Ones to Watch in Spain in the EU law category.
