EU: European General Court rules on selective distribution in relation to EU antitrust rules.

EU, 15 January 18
The European General Court (EGC) rendered a judgement on 23 October 2017 in which it was confirmed that a selective distribution system can be in conformity with EU antitrust rules in case specific requirements are met.

KUWAIT: The Executive Regulation for Law no. 13 of 2016 to the Kuwait Commercial Agencies Law.

KUWAIT, 15 January 18
The Ministry of Commerce and Industry has recently issued the ministerial resolution no. 565/2017 releasing the Executive Regulation of the new Commercial Agencies Law no. 13 of 2016 (“CAL”).

INDIA: Introduction of Goods and Service Tax Act and implications on supply chain and distribution in India.

INDIA, 15 January 18
India recently introduced a new system of taxation - The Goods and Service Tax (“GST”). It is a consolidated indirect tax for India and should lead to a more unified common market for the country.

EU: The Coty Judgment on selective distribution systems and the prohibition to sell through internet platforms.

EU, 14 December 17
On December 6, 2017 the European Court of Justice finally issued the decision on the famous “Coty Case” (Case C-230/16 – Coty Germany GmbH v. Parfümerie Akzente GmbH), which has been under discussion for a certain period, also during the 2017 IDI Conference.

IRAQ: New Commercial Agency Law and Implications for Multinational Companies.

IRAQ, 14 December 17
Iraq has passed a new commercial agency law that creates new protections for businesses that are wholly-owned by Iraqis. While it is yet to be seen how the law is enforced, as written, the new law may result in the disruption of existing foreign investment in Iraqi import businesses, and also restrict freedom of contract for foreign companies that supply products to Iraq through distributors,...

NORWAY: McDonald's Norway v. Carpe Diem AS and Sito AS.

NORWAY, 14 December 17
Carpe Diem AS (Carpe Diem) and Sito AS (Sito) are two franchisees operating McDonald's restaurants in Norway. Franchisor is McDonald's Norway AS. Since 2010, the McDonald's-restaurants in Norway had sold hamburgers and cheeseburgers for 10 kroner (about 1 euro), which resulted in a loss for each hamburger/cheeseburger sold. The decision to set the recommended price to €1 was made by McCoop in...

SLOVENIA: Recent judgement on agency agreements.

SLOVENIA, 14 December 17
The Higher Court of Ljubljana ruled that an agency agreement involves an obligation of result and therefore the agent isn’t entitled to any commission, if the contract has not been concluded, regardless of his efforts.

NETHERLANDS: Dutch Court adopts Advocate General Wahl’s opinion regarding bans on sales through online platforms.

NETHERLANDS, 15 November 17
In a judgement of 4 October 2017 the Amsterdam District Court followed Advocate General Wahl’s opinion on the admissibility of limitations imposed by Nike European Operations Netherlands B.V. (“NEON”) on Nike selective distributors as to the use of online sales platforms.

SPAIN: Four interesting case law on agency and distribution contracts.

SPAIN, 15 November 17
Termination in agency contracts, goodwill indemnity applied to distribution and right of information.