EU Antitrust Issues In Consumer Goods—Export Bans, Online Sales, And Pricing Restrictions

Several European competition authorities are showing a renewed focus on restrictions in distribution arrangements, particularly in the UK and Germany. Some of this originates in the rise of online platforms and e-commerce disruptors but its effects extend beyond the online world. We look at some recent trends and key issues that companies should keep in mind to avoid falling foul of these rules.

The EU vs. US Approach

EU antitrust agencies take a more critical view than their US counterparts of vertical restrictions, i.e. restrictions that a seller seeks to impose on its distributor.

While the basic principle remains that vertical agreements are less likely to give rise to competition issues than restrictions between competitors, the basic approach of EU antitrust rules is that a supplier cannot restrict a distributor's onward sales (subject to some clearly defined exceptions). There are many instances where such restrictions are prohibited, irrespective