When, where and why should the law intervene in the distribution
of a product? This perennial and highly practical question is open
for consultation as of 10 February 2021 (see more here).
During its EU membership, the UK was required to apply the
EU's Vertical Agreements Block Exemption, which applied a
relatively strict approach to distribution restraints by global
standards. Aspirations towards a single market put a premium on not
only banning, but punishing, certain restrictions in distribution
systems that prevented cross-border trade, regardless of the
economic efficiency of intervention.
The UK has for now retained the Block Exemption itself under the
terms of the Withdrawal Act. However, the meat and potatoes of the
interpretation was always in the EU's Guidance. Much of this
guidance speaks to the integration of the EU single market, which
the UK has left. There is scope to argue that some of the
interventions were based on single market concerns which are
