Distribution agreements: An overview of EU and national case law

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Distribution agreements and competition law is a topic high on the agenda at the moment in Europe and beyond.

In this article, I would like to challenge a general comment that I often hear as a practitioner; that the enforcement of vertical restrictions mainly concerns the European Union (“EU”) – which, in my opinion, is only partly true. Indeed, undertakings face multiple local rules and a high enforcement level around the globe as illustrated by the number of vertical cases pursued by antitrust authorities over the past months. And, undertakings will also very soon face a second set of rules in Europe with the UK currently in the process of adopting standalone competition rules applicable to vertical agreements.