Jurisdiction(s):
United Kingdom

Key definition

GEO definition

What does GEO mean? In satellite and telecoms contracts, licensing and regulatory filings, GEO (Geostationary Earth Orbit) refers to satellites operating in the geostationary-satellite orbit approximately 35,786 km above the equator, matching Earth’s rotation so the satellite appears fixed over one longitude. The term is descriptive rather than defined in UK or Irish statute, though the ITU Radio Regulations define the geostationary-satellite orbit (GSO); GEO/GSO are used interchangeably in practice. Key legal features include allocation and coordination of orbital slots and radio spectrum, ITU filings, and national authorisations. In the UK (England & Wales, Scotland and Northern Ireland), Ofcom manages spectrum/licensing interfaces, and space...

Guess (AT.40428): European Commission Article 101 TFEU decision on geo‑blocking, cross‑border sales and online advertising restrictions; €38.821m fine via informal settlement with 50% co‑operation reduction

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 17 December 2018; it is no longer maintained. See further, timeline, commentary and related cases.

Case facts

Outline

European commission probe under article 101 TFEU into vertical limits on online advertising and cross-border sales attributed to Guess (Case AT.40428).

Latest developments

On 17 December 2018, the Commission adopted an infringement decision against Asus, levying €39.821m (following an ‘informal settlement’) for restraining retailers’ online advertising and blocking cross-border sales to consumers in other Member States (‘geo-blocking’), in breach of Article 101 TFEU.

Parties

Guess is a United States-based clothing brand and retailer that designs, distributes and licences apparel and accessories under several trade marks, including “GUESS?” and “MARCIANO”. In the EEA, Guess operates a selective distribution system.

Background

The investigation was opened on 6 June 2017, informed by evidence obtained during the Commission’s e-commerce sector inquiry.

Market(s)

Distribution and retail markets for clothing and accessories.

Decision

The Commission concluded that Guess’ distribution arrangements infringed Article 101 TFEU by restricting authorised retailers from:

using Guess brand names and trade marks for online search advertising purposes
selling online

...

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