Vertical agreements

Automotive, Türkiye, Vertical agreements

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Introduction The rise of electric passenger cars has reshaped global markets, driven by decarbonization policies, growing consumer awareness, and innovative marketing strategies. Türkiye is no exception, with the sector developing rapidly. A significant step in this evolution is the Turkish Competition Authority’s (“TCA”) decision dated December 21, 2023. This decision granted an individual exemption for…

European Court of Justice, Exemptions, National competition authorities (NCAs), National court, Portugal, Price fixing, Resale price maintenance, Restriction by object, Unilateral effects, Vertical agreements

, , (Morais Leitão)/ /1 Comment

Introduction On 29 June 2023, the European Court of Justice (ECJ or Court) issued its judgment in case C-211/22, where it reiterates the legal framework applicable to vertical price fixing agreements under EU competition law. The focus on the need to assess the legal and economic context in which the agreement is celebrated is particularly…

Switzerland, VBER, Vertical agreements, Vertical restraints

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Following the revision of the Vertical Block Exemption Regulation in the European Union, the Swiss Competition Commission is now also proposing to amend its Vertical Notice and Guidelines. Although the proposed amendments are based on the new EU distribution rules, they still depart from them on key issues, resulting in a “Swiss Finish”.   Background…

Abuse of dominance, Competition law, European Union, HBER, Regulation, Supply chain, Sustainability, VBER, Vertical agreements, Vertical restraints

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In European competition law, both Article 101 and 102 TFEU inquiries require a contextual approach to the dispute at hand. Since enforcers must consider any agreement or business activity within the economic, legal, and factual context of which it forms part, regulatory regimes become important guideposts for any competition analysis. This point has been emphasized…

European Union, VBER, Vertical agreements, Vertical restraints

, , (White & Case) and (White & Case, Belgium)/ /Leave a comment

On 10 May 2022, the European Commission (“EC”) published a new Vertical Block Exemption Regulation (“VBER”) and guidelines on vertical restraints (“Vertical Guidelines”) that will enter into force on 1 June 2022. The package introduces important changes for the treatment of distribution agreements under EU competition law, in particular to the rules governing the combination…

European Commission, Information exchange, VBER, Vertical agreements, Vertical restraints

, , (White & Case) and (White & Case, Belgium)/ /Leave a comment

As part of its review of the EU antitrust rules governing vertical agreements, the European Commission (EC) has published for consultation a draft new section of its Vertical Guidelines, which contains proposed guidance on information exchange in “dual distribution” relationships. Reacting to feedback from stakeholders, the EC has adjusted the review test it proposed in…

Netherlands, Resale price maintenance, VBER, Vertical agreements, Vertical restraints

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The Dutch competition authority ACM fined Samsung Electronics Benelux B.V. (“Samsung”) € 39,875,500 for coordinating the retail prices of Samsung television sets together with various retailers. The alleged coordination took place for five years, from January 2013 through December 2018. The ACM only published a summary of the decision dated 14 September 2021 thus far, but…

Pricing, Switzerland, Vertical agreements, Vertical restraints

, (Lenz & Staehelin)/ /1 Comment

The Swiss Federal Supreme Court (the “Court”) found in its decision of February 4, 2021, 2C_149/2018 (the “Decision”) that Pfizer Ltd. (“Pfizer”) had entered into an unlawful vertical price agreement (concerted practice) with pharmacies and physicians limiting competition by issuing vertical price recommendations for Viagra. The decision raises questions as to whether and under what…

Consultation, European Commission, European Union, VBER, Vertical agreements, Vertical restraints

(Norton Rose Fulbright, Belgium)/ /Leave a comment

The European Commission (the Commission) closed out its ambitious 2020 antitrust reform agenda with the long-awaited consultation (the Consultation) on reform of the Vertical Block Exemption Regulation (the VBER) and related Guidelines (the VGL), published on December 18, 2020.  The Consultation’s proposals, which closely follow the Commission’s October 2020 Inception Impact Assessment (the Inception Impact…

Consultation, Digital economy, European Commission, European Union, VBER, Vertical agreements, Vertical restraints

(White & Case, Belgium) and , (Latham & Watkins LLP)/ /Leave a comment

On 23 October 2020, the European Commission (EC) published its inception impact assessment of policy options for a potential revision of the EU Vertical Block Exemption Regulation (VBER) and accompanying Vertical Guidelines for consultation. This inception impact assessment will be followed by a more detailed impact assessment that the EC will publish for public consultation…