United States | Publication | January 2023
The Federal Trade Commission (FTC) recently opened a preliminary investigation of PepsiCo and Coca-Cola Co. for potential price discrimination by the companies in violation of the Robinson-Patman Act (the RPA). The investigation marks the first major step in the FTC's revival of the RPA, which the agency hasn't enforced in decades. The FTC began signaling in 2021 that reviving RPA enforcement was one of its top priorities. Now, with the FTC's renewed enforcement of the RPA underway, businesses should be mindful of RPA's prohibitions on pricing discrimination and should review their pricing and marketing strategies policies to ensure compliance.
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On 24 October 2024, the Court of Justice of the European Union (CJEU) confirmed that the European Commission’s (the EC) 2009 decision, which imposed a (then record) €1.06 billion fine on Intel, was flawed as far as it found that loyalty rebates granted by Intel had anti-competitive effects.
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The Dutch tax classification system for non-Dutch entities will undergo significant changes as of 1 January 2025.
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In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2024] EWCA Civ 719 the Court of Appeal held that the claimant sellers (the Sellers) were entitled to claim the deposits promised under sale contracts as a debt despite the defendant buyers’ (the Buyers) breach of contract, which had resulted in the non-fulfilment of a condition precedent to the payment of the deposits.
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