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Antitrust Provisions › Sales & Distribution Agreements › Competition

Goodwin

When Can a Supplier Lawfully Restrict Active Sales in an Exclusive Distribution Agreement?

Goodwin on

In its recent judgment in Beevers Kaas (Case C‑581/23), the European Court of Justice (ECJ) clarified how suppliers may validly restrict active sales in exclusive distribution arrangements under Article 4(b)(i) of the...more

Latham & Watkins LLP

Vertical Block Exemption Regulation and Guidelines

Latham & Watkins LLP on

On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more

Jones Day

European Commission Issues Draft Antitrust Rules on Vertical Supply Chain Agreements

Jones Day on

The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more

Skadden, Arps, Slate, Meagher & Flom LLP

Distribution Duel: UK and EU Competition Reforms Threaten To Create Conflicting Rules on Parity Clauses and Dual Distribution

Skadden, Arps, Slate, Meagher & Flom LLP on

The European Union and United Kingdom have each proposed modifications of their antitrust rules on distribution. The proposals diverge significantly on common distribution practices, creating legal challenges for distribution...more

Herbert Smith Freehills Kramer

Retail Price Maintenance: Dammann Frères Fined for Imposing Online Sale Price of Tea to Its Retailers

Herbert Smith Freehills Kramer on

In Decision No. 20-D-20 issued on Dec. 3, 2020, the French Competition Authority fined the tea producer Dammann Frères €226,000 for forbidding its retailers to freely determine their own online resale prices for Dammann...more

Orrick - Antitrust Watch

The European Antitrust Enforcers’ response to the Covid-19 outbreak: Antitrust rules will bend, but will not break

Orrick - Antitrust Watch on

In a welcomed attempt to align their approaches, the antitrust enforcers of the European Competition Network (ECN) have published a brief joint statement on the application of competition law during the Covid-19 crisis....more

Hogan Lovells

In the world of COVID-19, companies must not quarantine competition law compliance

Hogan Lovells on

Competition law will not be at the top of companies' agendas today. COVID-19 presents companies with many challenges. Companies will be looking for whatever solutions they can find to deal with this crisis. ...more

Herbert Smith Freehills Kramer

Aumento dei prezzi e forza maggiore: quanto è importante scrivere correttamente le clausole dei vostri contratti

Herbert Smith Freehills Kramer on

Con parere n. 19-9 del 25 ottobre 2019, la Commission d’examen des pratiques commerciales (la "CEPC") ovvero la Commissione francese per la valutazione delle pratiche commerciali, che ha il compito di vigilare sull’equilibrio...more

Troutman Pepper Locke

Third Circuit Provides Manufacturers With Roadmap to Avoid Class Antitrust Claims Brought by Direct Purchasers

Troutman Pepper Locke on

The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more

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