What do you think of an exclusive sales contract? On 25 June 2020, the Bundeskartellamt (FCO) approved Intersport`s online sales model via a common online platform under the Intersport identity brand for small traders. Intersport is the world`s largest federation of small and medium-sized enterprises in the sports trade. Sound (…) A new case of ACCC resale price maintenance reminds us in due course that manufacturers and suppliers must carefully treat distribution agreements regarding the price in Australia. The Australian Competition and Consumer Commission (ACCC) has launched proceedings against FE Sports , (…) The Competition Authority rejects Molotov`s complaint about the practices of TF1 and M6 for lack of evidence, Molotov is a television channel distribution platform that aggregates and broadcasts French audiovisual programmes on the Internet. The app (…) „all enterprise-to-business agreements, business association decisions and concerted practices that can affect trade between Member States and have the effect of preventing, restricting or distorting competition in the internal market.“ Importing and distributing shields and breathing apparatus during the COVID pandemic 19- Introduction This article concerns the importation and sale of breathing apparatus and other masks to address the considerable challenges posed by the COVID 19 pandemic in the United States. As reported in the news (…) In anticipation of future publication, we should quickly mention the decision of March 16, 2020, by which the competition authority Apple and two of its wholesalers, Tech Data and Ingram, committed antitrust practices within the Apple product distribution network and a (…) Under EU competition rules, most distribution agreements will benefit from a waiver for vertical agreements. It is called „vertical agreements exemption by category.“ Distribution agreements, especially those that are exclusive, often contain non-competition prohibitions. Such provisions may be permitted by vertical regulation, but there are also restrictions depending on the circumstances. Exclusive distribution: In an exclusive distribution agreement, the supplier undertakes to sell its products to only one distributor for resale in a specific territory. At the same time, the distributor is generally limited in its active sale in other areas (exclusively allocated). Potential competitive risks include reduced intra-brand competition and market lockdown, which can facilitate price discrimination. If most or all suppliers apply exclusive distribution, this can soften competition and facilitate agreements at both supplier and distributor level. Finally, exclusive distribution can lead to the closure of other distributors and, therefore, to hinder competition at this level.
Nicolas Feuillatte Champagne and two importing distributors for maintaining exclusive import agreements in the French West Indies – Background According to a report by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Enforcement (DGCCRF), the Authority (…) Companies involved in anti-competitive behaviour may consider their agreements to be unenforceable and may be fined up to 10% of their global turnover for particularly harmful behaviour. They may also be exposed to possible actions for damages by customers.