Vertical agreements and VBER

25. 1. 2022 · Publications and newsletters

Non-compete clauses in distribution agreements, covering single branding and the 80% purchasing rule, benefit from the EU's VBER exemption only if limited to five years; the revised Guidelines allow tacit renewal if…

18. 1. 2022 · Publications and newsletters

Under the EU's revised Vertical Guidelines, a distributor may also act as a genuine agent for other products of the same supplier only if the agency's commercial and financial risks can be…

11. 1. 2022 · Publications and newsletters

The EU's draft Vertical Guidelines confirm that a brief pre-resale ownership transfer from principal to agent does not disqualify agency treatment under EU competition law, as long as the agent bears no…

21. 12. 2021 · Publications and newsletters

The EU's draft Vertical Guidelines keep the core agency test, under which an agent escapes EU competition law only if it bears no more than insignificant risk, but call for a narrower…

14. 12. 2021 · Publications and newsletters

EU competition law lets suppliers choose between exclusive, selective, free distribution, franchising, agency or vertical integration; only the latter escapes Article 101 TFEU entirely, the rest relying on the VBER block-exemption safe…

7. 12. 2021 · Publications and newsletters

HAVEL & PARTNERS launches its 'DLC countdown' newsletter series tracking the EU's overhaul of the block exemption (VBER) and Vertical Guidelines for distribution, agency and supply agreements, as Regulation 330/2010 expires on…