Exclusive Distribution Agreement Competition Law

2. Webinar of the “1st Conference for Distribution, Competition and Restrictive Practices” organized by Competitions in partnership with Fidal. Panel with Pierre Chambu (Head of Consumer Protection and Market Regulation, DGCCRF), Anne-Sophie Choné-Grimaldi (Professor, University of Paris Nanterre), Nathalie Dostert (Vice-President, Paris Commercial Court), Richard Panquiault (Director General, Institute for Consumer Business Liaison – ILEC) and Philippe Vanni (Sales/Competition Manager) Closing Interview with Virginie Beaumeunier (Ceo, DGCCRF), Daniel Fasquelle (Professor, University of Littoral-Cé Senior Counsel, Squadra Lawyers Former member of the French Parliament, Irene Luc (Vice-President, Competition Authority) and Alexandre Lacresse (partner, Fidal). ▪ the agreement is not an agreement between competitors within the meaning of the vertical regulation; and as part of a selective distribution agreement, it should be noted that the supplier may impose high quality and service standards, but cannot attempt to control the retail prices charged by its distributors. According to the vertical restriction guidelines, “in an exclusive distribution agreement, the supplier undertakes to sell its products to only one distributor for resale in a specific area.” The vertical restrictions guidelines state that the potential competitive risks associated with exclusive distribution are essentially resulting in reduced intra-brand competition and market silos, which can, among other things, facilitate price discrimination. Exclusive distribution can lead to the closure of other distributors and reduce competition at this level. If most or all suppliers apply exclusive distribution, this can soften competition and facilitate agreements. Distribution agreements, especially those that are exclusive, often contain non-competition prohibitions. Such provisions may be permitted by vertical regulation, but there are also restrictions depending on the circumstances. The United Kingdom has certain competition rules. Anti-competitive practices that could affect trade in the United Kingdom are expressly prohibited by the Competition Act 1998 and the Enterprise Act 2002. While the anti-competitive effects extend to other EU Member States, Articles 81 and 82 of the Treaty prohibit it.

This glossary is the list of keywords used by the Search Engine Competitions. Each keyword is automatically updated by the latest EU and national jurisdictions of the e-Competitions bulletin and competition review. The definitions are included in the DG COMP glossary on EU competition policy concepts (© European Union, 2002) and the OECD glossary of competition rules (© OECD, 1993). Exclusive distribution agreements may, in certain circumstances, be subject to EU and UK competition rules. John Schmidt and Zeno Frediani are addressing some of the key issues that food and beverage operators should keep in mind to prevent them from violating competition rules. On 25 June 2020, the Bundeskartellamt (FCO) approved Intersport`s online sales model via a common online platform under the Intersport identity brand for small traders. Intersport is the world`s largest federation of small and medium-sized enterprises in the sports trade. Sound (…) In addition, the business practices of companies established outside the EU will continue to be the subject of potential investigation by EU competition authorities where there is a real or potential impact on EU trade. In anticipation of future publication, we should quickly mention the decision of March 16, 2020, by which the competition authority Apple and two of its wholesalers, Tech Data and Ingram, committed antitrust practices within the Apple product distribution network and a (…) This means that members of a selective distribution system cannot be limited in the customers to whom they sell.

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