Exclusive Distribution Agreement European Law

By September 19, 2021 No Comments

In cases where an exclusive distributor begins to “enforce” its rights to import goods, it is first necessary to consider your options and perhaps seek a compromise. If you decide to respond to a reseller`s claims, ask them for the legal documents in which they apply them. In many cases, in the light of European law, the free movement of goods and competition, it is likely that you would succeed in the negotiation and that the exclusive distributor would have to withdraw its application. However, it is doubtful that you want to invest your energy and time in this fight. Although selective distribution has been a lower priority for the Commission in recent years, it is under review at national level and, in general, compliance with vaber is strongly recommended to be taken very seriously, in particular as regards essential restrictions and restrictions on internet use. This is a legal area, given its long history and the extensive precedents and guidelines that are available, which are expected to be found to be the case for all companies, and any serious breach revealed can expect it to be dealt with with determination. 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 brief 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. In 2006 and 2008, talys signed two affiliation agreements to the medical device distribution network in 2006 and 2008, under the name “La Vitrine médicale”, formed by the company Hexa to operate two points of sale in Sevrier and Aix-les-Bains.

Article (…) Under Community competition rules, most distribution agreements are exempted for vertical agreements. This is called the block exemption for vertical agreements. In certain circumstances, exclusive distribution agreements may be subject to EU and UK competition rules. John Schmidt and Zeno Frediani look at some of the main issues that operators in the food and beverage industry should consider in order not to conflict with competition rules. In the context of a selective distribution agreement, it is essential to emphasise that, although the supplier may impose high quality and service standards, it cannot seek to control the retail prices charged by its distributors. By decision of 16 March 2020, the French Competition Authority (FCA) imposed a fine of €1.1 billion. Eur against the Apple Group (“Apple”) due to (i) a series of vertical restraints of competition within its distribution network and (ii) abuse of the economy (…) The 2010 Commission Guidelines (recital 225) show a certain weakening of the traditionally strict attitude in this area, as it is recognised that the maintenance of resale prices may, in certain circumstances, lead to an improvement in economic efficiency and therefore complies with the exemption criterion laid down in Article 101(3). . .