Vertical Agreements Article 101


Although the European Commission has recently taken relatively few enforcement measures with regard to restrictions on online sales, there are a number of cases worth discussing. In its October 2011 judgment in the Pierre Fabre Dermo-Cosmétique case, the ECJ found that a contractual clause that assimilated an absolute prohibition for buyers in a selective distribution network to sell contract products to end-users via the internet constituted a targeted restriction of competition that could not benefit from the safe port of the vertical block exemption. However, the ECJ left it to the French national court to decide whether such a clause could benefit from an individual exemption if the conditions laid down in Article 101(3) TFEU were fulfilled. In addition, where a supplier sets up a network of exclusive distribution companies and prevents them from selling `actively` in a territory reserved exclusively to another buyer (or to the supplier itself), the Commission has also accepted that this may be pro-competitive, as it may lead to increased competition on brands. In January 2016, the Commission emphasised in its Aquatrend decision that there was no presumption that exclusive distribution agreements are covered by the prohibition laid down in Article 101(1). “News feeds are extremely relevant. They deal with both legislative and judicial updates and offer an experienced and thoughtful analysis of trends or trends. The articles are all very well done and offer a practical point of view, not just academic. Most subjects have at least 3-5 articles from different law firms, which makes it possible to read different perspectives and analyses. » Under what circumstances do the rules on vertical restraints apply to agreements between a parent company and an affiliated undertaking (or between related undertakings of the same parent company)? Secondly, if there is a significant impact on trade between Member States, does the vertical agreement include a nuclear restriction? Among the main vertical restraints are: as part of its current Digital Agenda for Europe, the Commission has identified better online access to goods and services as one of the three pillars of its Digital Single Market Strategy. In particular, the Commission has described the practice of geo-blocking in the EU as “unjustifiable” (i.e.

to prohibit customers in certain regions from having access to goods or services in other regions or from passing them on to a local supplier with different prices), and their emphasis has been increasingly placed on implementation in this area. . . .