Memes, animated GIFs, and other images online are a crucial part of today’s Internet experience and have undoubtedly prompted many Internet users to laugh out loud in front of their screens. In the fashion industry, such images and animated pictures are frequently used to create an experience for the consumer and to evoke an emotion

Sustainable fashion is in vogue and retail chains are all too eager to respond to consumers who want to shop more environmentally consciously. ‘Sustainable’, ‘ecological’, and ‘environmentally ethical’ are words that we see appearing more and more often in fashion advertising. But are these clothes and materials really environmentally friendly? Or is this just a

On September 12, the Court of Justice of the European Union (CJEU) handed down yet another ruling on the interpretation of EU copyright law. With its Cofemel-decision (C-683/17), the CJEU harmonized the requirements for utilitarian objects, which might also be protected by a (registered or unregistered) design right, to benefit from copyright protection. Provided

On July 9, the European Commission (EC) fined the Japanese company Sanrio – which holds and licenses various popular brands, including Hello Kitty, Chococat and the Mr. Men characters – € 6.2 million for licensing practices that restricted online and cross-border sales of merchandise. In late June it also published the full text of its

In the third of our series of blog posts on antitrust and e-commerce in Europe, we look at the €40 million fine imposed on clothing company Guess by the European Commission (EC) in December 2018.

The case is the first in which the EC finds that restrictions on the use of a brand name for

For twenty years or more, the European Commission (EC) has taken little or no formal enforcement action against anticompetitive distribution practices. However, the recent fines on Nike, Guess and others mark a dramatic change of policy. In the latter half of 2018, the EC imposed fines totalling over €150 million in relation to online distribution

Last year, “GDPR” was without any doubt one of the most hyped boardroom buzzwords, and a popular topic at conferences. This European-wide General Data Protection Regulation aims at harmonizing European data protection legislation and empowering EU-based individuals by enhancing their rights and the protection of their personal data. It was without any doubt the

On March 25, the European Commission (EC) fined Nike €12.5 million for restricting cross-border and online sales of branded merchandise by its European licensees. In December last year, the EC fined Guess €40 million for imposing restrictions on the use of its brand by distributors online. In total in 2018, the EC imposed fines of

@getty images

On November 12, Crowell & Moring chaired a plenary session during the 2018 ICPHSO International Symposium in Brussels, which was presented as part of the European Commission’s International Product Safety Week. The panel focused on how, as a result of their Big Data strategies, Business-to-Business (“B2B”) companies are

In its judgment of July 10, 20141,  the EU Court of Justice reaffirmed the consequences of the complete harmonization of the laws of the EU Member States resulting from EU Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market2 (the Unfair Commercial Practices Directive or UCPD).

The UCPD indeed fully harmonizes the rules relating to unfair business-to-consumer commercial practices in the EU. Accordingly, Member States may not maintain or adopt stricter rules than those laid down in the directive, even where such measures are designed to ensure a higher level of consumer protection.

In the case at hand, the national legislation of Belgium imposed the following restrictions upon retailers announcing price reductions: (i) any announcement of a price reduction must refer to the lowest price applied throughout the month prior to the announcement of the price reduction; (ii) the price may not be announced as a reduced price for more than  a month; and (iii) announcements of price reductions may not last for less than  a day.3

This national legislation had the effect of prohibiting the announcement of price reductions whenever the strict conditions contained in that legislation were not met, even where such practices would not,  when examined individually, be considered misleading or unfair within the  meaning of Directive 2005/29.4

However, the UCPD establishes, in its Annex  I, an exhaustive list of 31 commercial practices which are regarded as unfair ‘in all circumstances.’ Consequently,  only these commercial practices can be deemed to be unfair without proceeding  to an assessment of their actual impact on consumers.


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