Active sales meaning

ARCHIVED: 11 pm (GMT) on 31 December 2020 signalled the conclusion of the Brexit transition/implementation phase that followed the UK’s exit from the EU. At that moment in time (known in UK legislation as ‘IP completion day’), the principal transitional provisions finally ceased. From IP completion day, the UK is unable to take an active role in the European Arrest Warrant (EAW), as EAWs apply solely to Member States...

In this issue: UK digital markets UK competition policy UK private actions EU antitrust Daily and weekly news alerts Caselex UK digital markets CMA opens first ‘SMS investigation’ under the DMCCA 2024 into Google’s general search and search advertising The CMA has begun an ‘initial SMS investigation’ under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). This is the authority’s first SMS designation probe under the new DMCCA digital markets framework. The CMA’s power to designate undertakings with SMS, and potentially impose conduct requirements, took effect on 1 January 2025. The Investigation Notice states that Alphabet Inc, Google LLC, Google Ireland Limited and Google UK Limited (Google) provide general worldwide web search and information return (general search), and advertising to users of general search (search advertising). The CMA considers these meet the definition of a digital activity and can be treated as one activity. The Notice excludes specialised search service interfaces, such...

In this issue: EU fundamentals Competition and state aid Data protection and cybersecurity Financial services Energy Environment IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers EU fundamentals Commission President delivers 2025 State of the Union speech The President of the European Commission, Ursula von der Leyen, set out the 2025 State of the Union in Strasbourg on 10 September 2025, underlining that Europe must remain cohesive and defend its principles, democracy and sovereignty amid a more hostile international landscape. She drew attention to pressures from worldwide climate and public health emergencies, rising living costs, and the conflict in Ukraine. The address urged Europe to assume greater responsibility for its own defence, security, technology and energy supply, and appealed for solidarity among Member States, EU bodies and pro-European democratic actors. See: LNB News 10/09/2025 30. Competition and state aid ...

Antitrust AG delivers opinion on Belgian reference urging that an exclusive distributor be shielded from active sales in its territory by all the supplier’s other purchasers Advocate General Medina has presented her opinion in Case C-581/23 Beevers Kaas, a reference from Belgium addressing the interpretation of Article 101 TFEU and the former vertical agreements block exemption (Regulation 330/2010). The focus is whether an exclusive distribution arrangement accords with the parallel imposition requirement, under which a supplier must ensure its exclusive distributor is safeguarded against active selling into the protected territory by all the supplier’s remaining distributors or buyers. The opinion considers how these rules apply where exclusivity is granted and parallel obligations are expected across the supplier’s network to prevent targeted incursions into the exclusive area... Background Beevers Kass acts as the exclusive distributor in Belgium for Beemster cheese, sourced from the Dutch producer Cono. Since 1993, Cono and Beevers have been bound by an exclusive distribution agreement governing the sale of Beemster cheese in Belgium and...

CASE HUB ARCHIVED This archived case hub sets out the position as at the decision dated 21 February 2020 and is no longer maintained. For more detail, see the timeline, commentary and related cases... Case facts Outline European Commission Article 101 TFEU probe into whether hotel accommodation contracts between the largest European tour operators (Kuoni, REWE, Thomas Cook and TUI) and Meliá Hotels International S.A. contained terms that unlawfully differentiated between customers on the basis of nationality or country of residence (AT.40528)... Latest development On 21 February 2020, the Commission adopted an infringement decision against Meliá Hotels International S.A., imposing a €6,678,000 fine for concluding agreements with tour operators that curtailed both active and passive sales of hotel accommodation. In light of cooperation provided during the inquiry, Meliá received a 30% reduction. Following an assessment of the evidence and the case circumstances, the Commission also decided to close its investigations into the four tour operators... Parties Meliá Hotels International S.A....

Employers are legally obliged to consult with members, or their representatives, for a minimum of 60 days before introducing a “listed change” to occupational or personal pension schemes. What amounts to a “listed change” is defined in the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, SI 2006/349 (the Pension Consultation Regs). For wider considerations that may arise when amending an occupational pension scheme, see Practice Note: Amendment of occupational pension schemes—employer and trustee considerations. Statutory framework for the pension consultation requirements The consultation duty took effect on 6 April 2006. Its operative provisions are contained in: sections 259–261 of the Pensions Act 2004 (PeA 2004), and Pension Consultation Regs, SI 2006/349 In April 2010, the DWP published guidance to assist employers in complying with the consultation duty. The guidance recommends good practice but has no legal status. Although now archived, it may still help employers to meet their obligations under the Pension Consultation Regs, SI...

At the start of a deal, from the outset, when gathering and assembling the relevant turnover data (and, thereafter, evaluating domestic threshold tests and any timing duties), appointed counsel should keep the following closely in view at all times. Turnover Rules on compiling, allocating (including geographic allocation) and calculating relevant turnover vary from the EU position, including within certain EU Member States and in key non-EU regimes, for example: in Austria—methodology can inflate the purchaser group's turnover and may ultimately determine whether a mandatory notification is triggered. For determining the relevant turnover, the turnover of all entities linked (directly or indirectly) to a party must be wholly (100%) attributed—ie the entire turnover of each connected subsidiary up the corporate chain in which there is a 25% shareholding or voting rights (even where control is absent) in Canada—for the purpose of testing the 'size of the parties threshold', include turnover from sales in, into or from Canada (ie domestic sales, exports and imports). To compute...

Parties This Agreement is executed on [ date ] [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] ( Manufacturer ); and [ insert name of party ] [ of OR a company incorporated in [ country ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Distributor ); Each of the Manufacturer and the Distributor is a party, and together they constitute the parties. Background (A) The Manufacturer produces [ and supplies ] the Products. (B) The Distributor has agreed to distribute [ and support ] the Products on [ an exclusive OR a shared exclusive ] basis in the Territory, in accordance with the provisions of this Agreement...

This Agreement is entered into on [ insert date ] Parties 1 [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Manufacturer ) 2 [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Distributor ) (The Manufacturer and the Distributor are each a party and, collectively, both the parties.) Background (A) The Manufacturer [ manufactures and ] supplies the [ [ luxury OR premium OR top of market ] ] Products, which are [ associated with [ high OR the highest ] standards of quality in their field ]. (B) The image, and the level of service linked to the Products, are of [ the...