Citizen Media Watch

september 17th, 2021

Distribution Agreement And Competition Law

Posted by lotta

See also the analysis of vertical agreements under competition law, block exemption for vertical restraints. You can find a checklist of the main steps in the evaluation of vertical agreements in the list of vertical agreements. In a decision of 16 March 2020 (not available at the time of the letter; see press release), the Autorité imposed a fine of €1.1 billion on Apple for practices related to the distribution of its products (with the exception of iPhones) in France. Wholesalers Tech Data and Ingram Micro were also fined €76.1 million and (…) Since 1 June 2000, selective distribution has been covered by an EU Block Exemption Regulation. On 20 April 2010, the European Commission published its latest version of the block exemption for distribution agreements, Commission Regulation (EU) No 330/2010 and related guidelines.1 This summary guide provides an overview of how selective distribution agreements are assessed for the purposes of Community competition law, in particular as regards the Block Exemption Regulation and Guidelines and recent case law. Vaber itself does not specifically refer to Internet sales; However, the Guidelines seek to clarify the Commission`s approach to online sales by referring in particular to selective distribution systems. Selective distribution agreements to prevent distributors from making cross-border sales are not allowed. Vaber contains two fundamental territorial restrictions specific to selective distribution. This practice often refers to two European Commission legal instruments intended to help parties and their advisers establish the compatibility of their agreements with Article 101 TFEU, namely the Vertical Restraint Block Exemption (VRBE) and the Vertical Restraint Guidelines. These instruments are also the approach taken by the UK competition authorities in applying UK competition law to an agreement that may affect trade between Member States. The judgment to be reviewed is an opportunity to verify both the contours of the error committed at the time of a breach of a distribution agreement and the legality of a refusal of authorization for a candidate for entry into the network, issues that fuel a rather plethoric dispute (if the dispute (…) Under an exclusive distribution agreement, the distributor enjoys an exclusive distribution territory, in which it is protected against competing sales by the supplier and/or designated distributors in other areas. Somewhat rarer and either alone or in combination with an exclusive sales area, the distributor can benefit from the allocation of an exclusive category of customers, with in turn protection against competing sales by the supplier/other distributors.

Article 101(1) of the Treaty on the Functioning of the European Union (”TFEU”) prohibits agreements, decisions by associations of undertakings and concerted practices the object or effect of which is to prevent, restrict or distort competition. . . .

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