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Monday, February 22, 2021 Autorité de la concurrence or ADC) adopted a decision 1 accepting commitments from the building block producer Lego France (Lego) to amend its discount policy. The ADC concluded that Lego’s policy created a price differentiation that “was likely to handicap” pure online players, since they were de facto unable to access certain of Lego’s discounts linked to functions carried out only by physical stores (such as the shelf space reserved for Lego products). As a result, Lego has agreed to redefine its rebate award criteria by making them more acces...

ANTITRUST AND COMPETITION The European Commission Consults on New EU Competition Rules for Distribution Agreements The Vertical Block Exemption Regulation (VBER) and its accompanying Vertical Guidelines (VGL) are designed to provide predictability to companies entering into supply and distribution agreements in Europe. Under the VBER, EU competition rules do not apply to vertical agreements entered into by companies with market shares not exceeding 30%. If the agreement contains so-called hardcore restrictions, i.e., a presumption of severe restriction of competition due to, for instance, il...

Wednesday, February 3, 2021 The European Commission Consults on New EU Competition Rules for Distribution Agreements The Vertical Block Exemption Regulation (VBER) and its accompanying Vertical Guidelines (VGL) are designed to provide predictability to companies entering into supply and distribution agreements in Europe. Under the VBER, EU competition rules do not apply to vertical agreements entered into by companies with market shares not exceeding 30%. If the agreement contains so-called hardcore restrictions, i.e., a presumption of severe restriction of competition due to, for ...

This experience was reflected in the UK in, for example, the  Ping case and the RPM cases against a number of suppliers and retailers of, for example, musical instruments. As online sales have grown over the last decade, so too have the range of distribution systems used by businesses to sell goods online. Selective distribution systems, in which goods (particularly those of a luxury or technical nature) are sold only by those distributors who meet specified criteria, have become increasingly popular. The European Court of Justice (CJEU) has been active in cases dealing with selective dist...