Schoenherr updates

Health products distributor fined for resale price maintenance
Schoenherr
  • Competition & Antitrust
  • Czech Republic
  • 04 April 2019

The Office for the Protection of Economic Competition recently fined Czech health products supplier TCM Herbs Kc853,000 (approximately €33,500) for resale price maintenance (RPM). TCM Herbs has appealed the decision. The office has not issued an RPM decision in a long time. As such, the outcome of the review by its chair will be closely followed and hopefully indicative in terms of how (or if) the office will consider a more economic approach.

Competition office fines Booking.com €0.33 million
Schoenherr
  • Competition & Antitrust
  • Czech Republic
  • 28 March 2019

The Office for the Protection of Economic Competition recently reviewed vertical aspects of online platforms and distribution channels, ultimately fining online booking platform Booking.com approximately €0.33 million for using most-favoured-nation (MFN) clauses in its contracts with hotels. Although the decision has not yet been published, it is hoped that it will be instructive in terms of how the office examines the conditions under which MFN clauses may be considered anti-competitive.

New unified cancellation right for insurance contracts brings legal certainty
Schoenherr
  • Insurance
  • Austria
  • 26 March 2019

Until 2018, Austria had up to five different cancellation rights for insurance policyholders, plus the cancellation right pursuant to Section 8 of the Distance Financial Services Act. Thus, the legal situation was confusing. However, this has finally changed. Since 1 January 2019, a new Section 5c of the Insurance Contract Act provides for one unified cancellation right.

Electric vehicles exempt from emissions-reducing speed limits
Schoenherr
  • Environment & Climate Change
  • Austria
  • 18 March 2019

The Constitutional Court recently dealt with a complaint by an electric vehicle owner who had exceeded an Air Immission Protection Act speed limit. The driver claimed that his vehicle emitted no air pollutants and that the emission-dependent speed limit did not apply to him. The court disagreed. In response to this decision, the federal government created a legal exception for electric cars. However, whether all federal states will introduce an exception to the act's speed limit for electric cars remains unclear.

Influencer marketing – Advertising Council adopts specific rules
Schoenherr
  • Tech, Data, Telecoms & Media
  • Austria
  • 15 March 2019

'Influencer marketing' means taking advantage of bloggers and other persons who have their own social media channels to promote goods and services. While the concept of transmitting arguably hidden advertising is problematic, there are many variations of this and the lines between hidden advertising and personal opinion are often blurred. As such, the Advertising Council recently issued guidelines for dealing with influencer marketing as a specific means of marketing communication.

Digital consumer protection – Black Friday success turns sour for major online marketplace
Schoenherr
  • Competition & Antitrust
  • Hungary
  • 24 January 2019

After a record-breaking Black Friday promotion, an online retailer is now suffering the consequences. According to the Hungarian Competition Authority (HCA), eMAG may have failed to meet the standards of professional diligence by misleading consumers with its 2018 Black Friday campaign. This action was one of the first to be initiated under the umbrella of the HCA's digital consumer protection strategy paper.

'Slave act': changes to working time rules
Schoenherr
  • Employment & Benefits
  • Hungary
  • 23 January 2019

In Hungary, as is the case in other EU countries, recent economic growth has been accompanied by a labour shortage. Under pressure to find a solution, the government introduced a new law to amend the working time rules. Since its adoption, the new law has come under close scrutiny from opposition parties and trade unions, and in December 2018 thousands of people took to the streets to protest what has become known as the 'slave act'.

New coordinated network development plan introduced
Schoenherr
  • Energy & Natural Resources
  • Austria
  • 17 December 2018

In order to ensure that gas supplies are secure and to achieve a high level of capacity availability, the Gas Act requires the market area manager (MAM) to prepare an annual coordinated network development plan. The MAM recently submitted a draft version of the 2018 plan to E-Control. The latest plan ensures that, among other things, the supply of gas to end consumers is protected, the line capacity is considered and transport requirements are met.

Right to be heard in dawn raid
Schoenherr
  • Competition & Antitrust
  • Slovenia
  • 13 December 2018

The European Court of Human Rights (ECHR) recently granted Produkcija Plus doo (Pro Plus) €52,500 in compensation after its right to be heard was violated during proceedings relating to a fine imposed for obstructing a dawn raid. The ECHR stated, among other things, that even though the Supreme Court had been required to review the facts on which the fine was based, the court had not heard the evidence requested by Pro Plus.

GDPR implementing legislation in Austria
Schoenherr
  • Tech, Data, Telecoms & Media
  • Austria
  • 07 December 2018

The EU General Data Protection Regulation (GDPR) has created a new understanding and awareness of data protection. Despite being a directly applicable legal act, the GDPR has created significant work for the Austrian federal legislature, which has chosen to impose it by implementing the narrow but general Data Protection Act and introducing amendments to ordinary legal acts individually. However, these amendments are essentially limited to wording adjustments and restrictions on data subjects' rights.

HCA publishes digital consumer protection strategy
Schoenherr
  • Competition & Antitrust
  • Hungary
  • 06 December 2018

The Hungarian Competition Authority (HCA) recently published a strategy paper presenting its views on consumer protection in the digital age. The paper subtly indicates that the HCA will continue to follow the European Commission's guidance in this regard. It also highlights the measures which the HCA deems necessary to protect consumers and keep up with the developments and companies central to this process.

BiH Competition Council introduces new tariffs
Schoenherr
  • Competition & Antitrust
  • Bosnia and Herzegovina
  • 22 November 2018

The Bosnia and Herzegovina Competition Council will apply new tariffs as from November 2018. Among these, the most significant are the increased merger control clearance fees, which have doubled. The council took inspiration for the new tariffs from those of other regional competition authorities, including the Serbian and Montenegrin commissions.

Parliament adopts comprehensive environmental package
Schoenherr
  • Environment & Climate Change
  • Austria
  • 12 November 2018

Parliament recently adopted a new comprehensive environmental package comprising the Aarhus Participation Act, an amendment to the Environmental Impact Assessment Act and an amendment to the Federal Environmental Liability Act. With the new package, the legislature has attempted to manage the difficult act of balancing the necessary legal adaptations of administrative procedural law with EU law and creating a business environment that is nevertheless competitive.

Constitutional Court rules on Squeeze-Out Act's compatibility with Constitution
Schoenherr
  • Corporate Finance/M&A
  • Austria
  • 31 October 2018

The Constitutional Court recently ruled on whether the Squeeze-Out Act is compatible with the Constitution. The plaintiff argued that certain provisions of the Squeeze-Out Act violate the Constitution because they restrict shareholders' property rights and the principle of equality (rights enshrined in both the Constitution and the European Convention on Human Rights). However, the Constitutional Court held that this was not the case.

CPC penalises Speedy AD for failing to provide complete and accurate information
Schoenherr
  • Competition & Antitrust
  • Bulgaria
  • 25 October 2018

The Commission for the Protection of Competition (CPC) recently approved the acquisition of Rapido Express and Logistics OOD by its competitor Speedy AD. However, at the same time, the CPC penalised Speedy AD for failing to provide complete and accurate information in its concentration notification which the commission deemed materially and substantially important for evaluating the deal.

Office for the Protection of Competition gets tougher on fines for competition law infringements
Schoenherr
  • Competition & Antitrust
  • Czech Republic
  • 18 October 2018

The Office for the Protection of Competition recently adopted new guidelines on the method of setting fines for competition law infringements. The new guidelines are intended to underline the repressive and preventive function of fines. As a result, undertakings can expect higher fines for infringements of competition rules than under the previous regime.

All board decisions made by delegation of powers can be challenged in court
Schoenherr
  • Company & Commercial
  • Romania
  • 15 October 2018

Although the Companies Law created flexible mechanisms and procedures allowing specific shareholder powers to be delegated to a company's management, it also provides that only some decisions made in this regard can be subject to an annulment action. Specifically, the law excludes decisions which concern an increase in a company's share capital from being challenged. However, the Constitutional Court recently recognised shareholders' right to request the annulment of such decisions in court.

First year of law on unfair practices in food sector – an overview
Schoenherr
  • Competition & Antitrust
  • Poland
  • 04 October 2018

One year has passed since the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade of Agricultural and Food Products entered into force. The act aimed to protect small farmers and grocery suppliers against the abuse of power by large supermarkets and chain stores. The government recently adopted an amendment to the act which will allow the Office for Competition and Consumer Protection to intervene in cases involving smaller farmers.

DPA's strict view on retention periods
Schoenherr
  • Tech, Data, Telecoms & Media
  • Austria
  • 25 September 2018

The Austrian Data Protection Authority (DPA) recently published its first decision on retention periods following the enactment of the General Data Protection Regulation. The decision is final. The DPA had to decide how long a telecoms service provider must retain so-called 'master data' – that is, data required for the controller's legal relationship with the users of its services.

HCA's recent practice: cooperation and commitments
Schoenherr
  • Competition & Antitrust
  • Hungary
  • 20 September 2018

In recent years, the Hungarian Competition Authority (HCA) has seemingly aimed to foster cooperation between itself and market participants. Recent case law shows that the HCA strives for cooperation even when market participants allegedly commit grave infringements of the competition rules. Market participants are advised to harness this tendency and the HCA's willingness to reach decisions more efficiently.