Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 17 JUNE 2025

CJEU In Beevers Cheese Dispute Rules That Suppliers Must Actively Protect Exclusive Distributors

Osborne Clarke LLP
Osborne Clarke LLP
Contributor

Osborne Clarke LLP

Osborne Clarke is a fast-growing international legal practice, with more than 800 lawyers working...

View firm profile
Explore more from Osborne Clarke LLP

The Court of Justice of the European Union (CJEU) has clarified that a supplier must actively agree with its other distributors that a territory is exclusively reserved if it wants to appoint exclusively a distributor for that territory.

BelgiumAntitrust/Competition Law
Roderick Nieuwmeyer
Roderick Nieuwmeyer
Loïck Goddeau
Loïck Goddeau
Author LinkedIn connections

Enforceable active sales bans are crucial in exclusive distribution agreements to comply with EU competition law

The Court of Justice of the European Union (CJEU) has clarified that a supplier must actively agree with its other distributors that a territory is exclusively reserved if it wants to appoint exclusively a distributor for that territory.

In its long-awaited Beevers Kaas judgment (Case C-581/23), the CJEU recognised – for the first time – the concept of "parallel imposition" relating to exclusive distribution agreements: if a supplier allocates a territory exclusively to a distributor it must also protect that distributor against active selling by other distributors in the relevant territory.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Must Meta Open WhatsApp To Competing AI Assistants?

The European Commission has imposed interim measures requiring Meta to restore third-party AI assistant access to WhatsApp's Business API, marking a significant enforcement action under Article 102 TFEU. This decision addresses Meta's alleged abuse of dominant position by excluding competing AI assistants while maintaining access only for its own Meta AI. The case raises critical questions about competition enforcement in emerging digital markets and whether early foreclosure effects can irreversibly streng
BelgiumAntitrust/Competition Law
Steptoe LLP
Steptoe LLP
Article

EU Article 102 Guidelines What Businesses Need To Know Now

The European Commission has adopted its first comprehensive Guidelines on exclusionary abuses of dominance under Article 102 TFEU, marking a significant evolution in EU competition law enforcement. Following a three-year consultation process, these Guidelines codify evolving case law while addressing concerns about enforcement thresholds and introducing notable changes including the reintroduction of a 40% market share benchmark, refined evidentiary presumptions, and expanded guidance on digital markets and
European UnionAntitrust/Competition Law
McDermott Will & Schulte
McDermott Will & Schulte
Article

EU General Court Upholds First-Ever “Ecosystem” Merger Prohibition

The EU General Court has upheld the European Commission's prohibition of Booking's acquisition of Etraveli, marking the first judicial endorsement of an "ecosystem" theory of harm in merger control. This landmark ruling validates the EC's use of reverse leveraging and entrenchment theories, establishing that dominant firms can be blocked from acquiring assets in adjacent markets even where they lack dominance in the target's market. The decision has far-reaching implications for digital platform acquisition
European UnionAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

EU General Court Upholds The Prohibition Of Booking/eTraveli

The EU General Court's landmark judgment in Booking Holdings v Commission marks a pivotal shift in merger control enforcement, validating the European Commission's authority to block conglomerate mergers based on ecosystem strengthening and market contestability concerns. This decision establishes that even marginal market share increases in adjacent markets can justify prohibition when they entrench dominance and reduce competitive dynamics.
European UnionAntitrust/Competition Law
WilmerHale
WilmerHale
Article

European Commission – Statement Of Objections Issued In Construction Chemicals Cartel Investigation

The European Commission has issued Statements of Objections to construction chemicals manufacturers in France, Germany and Spain, along with three national trade associations, over suspected price coordination. The preliminary assessment suggests manufacturers coordinated future price increases for chemical additives and admixtures between 2021 and 2022 in response to rising raw material costs following the COVID-19 pandemic and Russia's war against Ukraine.
GlobalAntitrust/Competition Law
NAZALI Attorney Partnership
NAZALI Attorney Partnership
Article

European Commission Opens First Formal Antitrust Investigation In The Medical Devices Sector

The European Commission has launched its first formal antitrust investigation in the medical devices sector, examining whether Align Technology may have abused its dominant position by restricting interoperability between its Invisalign clear aligners and competing intra-oral scanners. The investigation focuses on allegations that the company created a closed ecosystem, forcing dental professionals to purchase iTero scanners to access Invisalign products for their patients.
European UnionAntitrust/Competition Law
A&O Shearman
A&O Shearman