The New EU & UK Rules for Vertical Agreements - A Masterclass with Alexandra von Westernhagen
This masterclass session will explore how to use the new EU and UK rules for vertical agreements when shaping your distribution contracts.
On 1 June 2022, the new EU Vertical Block Exemption Regulation (COMMISSION REGULATION (EU) 2022/720 of 10 May 2022, VBER) and Vertical Guidelines came into force.
On the same day, the UK Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (SI 2022/516, Order) entered into force, replacing the retained EU Vertical Agreements Block Exemption, and leading to a partially different exemption regime in the UK.
Both texts contain important changes in the competition law assessment of distribution agreements and are relevant for classic supply contracts as well as for e-commerce.
They apply not only to new contracts concluded from June 1 2022, but also to existing contracts after an implementation period of one year.
Aimed at in-house legal counsel and EU/competition practitioners who want to know how to optimise distribution contracts within the EU and the UK in compliance with the new rules, this seminar will go through the most important changes and how they are likely to be treated in practice.
What You Will Learn
The session will cover the following:
- Up-to-date guidance for a business environment reshaped by the growth of e-commerce and online platforms. In particular, the application of the VBER and the Vertical Guidelines to online sales and advertising restrictions, will be clarified further and we will go through the specific rules and guidance relating to the platform economy
- Dual distribution by manufacturers and retailers and their new assessment under the VBER
- Retail Price Maintenance and under what conditions related practices could be exempt in individual cases
- When active sales restrictions are permissible, and certain indirect measures restricting online sales
- Parity obligations, sometimes also referred to as Most Favoured Nation clauses (‘MFNs’), and their treatment under the new rules
- How to reduce compliance costs for businesses by simplifying and clarifying certain provisions perceived as particularly complex and difficult to implement in current distribution agreements
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme