Exclusive Supply Agreements Competition Law

Sep 19, 2021 |

Once again, the Autorit√© de la concurrence has just sanctioned economic operators for having accepted exclusive import rights in the overseas territories. The case concerns biological medical products used by hospitals to perform in vitro diagnostics. In this case, an exclusivity clause (…) Recommended resale price programmes where manufacturers make advance price lists available to distributors or print non-binding recommended tariffs on packaging may be legitimate. However, these programs can be risky and should be carefully reviewed beforehand by a competition lawyer. Certain competition rules apply in the United Kingdom. Anti-competitive conduct that may affect trade in the United Kingdom is expressly prohibited by the Competition Act 1998 and the Enterprise Act 2002. If the anti-competitive effect applies to other EU Member States, Articles 81 and 82 of the EC Treaty prohibit it. A de jure exclusive supply agreement constitutes a direct restriction for the buyer/trader/supplier to procure/purchase goods from a competing supplier or source. It is always important to take into account all other agreements and understandings within a network (especially when one or more territorial and/or customer restrictions) are retained for the application of the VRBE under this heading, which selects books on topics related to competition law and the economy. This compilation does not seek to be exhaustive, but to provide an overview of the topics that are important in the region.

The survey generally includes publication within the last three months following the publication of the last issue of (…) Much of UK competition law comes from EU law. Therefore, Brexit will likely have an impact on how companies can legally compete with each other, unless a future deal says otherwise. This practice often refers to two European Commission legal instruments intended to help parties and their advisers establish the compatibility of their agreements with Article 101 TFEU, namely the Vertical Restraint Block Exemption (VRBE) and the Vertical Restraint Guidelines. These instruments are also the approach taken by the UK competition authorities in applying UK competition law to an agreement that may affect trade between Member States. An exclusive distribution agreement may manifest itself as a territorial restriction if the supplier agrees to sell its products only to a distributor for resale in a given territory or as a customer restriction if the supplier is limited to sales to a specific group of customers. . . .

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