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ARTICLE · 29 NOVEMBER 2023

Non-Exclusive: Dual Distribution And Exclusivity

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This blog article is relevant to all companies which are parties to a vertical agreement (i.e. an agreement entered into between two parties operating at different levels of trade...

United StatesAntitrust/Competition Law
Oliver Heinisch
Oliver Heinisch
Robert Gerber
Robert Gerber
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This blog article is relevant to all companies which are parties to a vertical agreement (i.e. an agreement entered into between two parties operating at different levels of trade – typically distribution agreements) concerning the sale or purchase of products or services in the European Union/European Economic Area.

The European Commission adopted a new Vertical Block Exemption Regulation (VBER) and Guidelines on vertical restraints (Guidelines) last in 2022 which together form the rules applicable to these agreements in the European Union.

In doing so, it made significant drafting changes to both documents by expanding certain sections and tightening up the drafting in others. The Commission inter alia introduced stricter rules for dual distribution, i.e. scenarios in which the seller and the buyer compete on the downstream market. We have published detailed comments on the new law here.

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