Posted on September 19, 2021
Eu Regulations Distribution Agreements
The health crisis and its consequences have had a direct impact on the trade agreements that have just been signed for the year 2020 between distributors and the agri-food companies that supply them. This situation has led suppliers to reflect on the different legal mechanisms that (…) Companies involved in anti-competitive behaviour may consider their agreements to be unenforceable and risk being fined up to 10% of their global turnover for particularly harmful behaviour. You may also be exposed to possible actions for damages from customers. The Autorité de la concurrence 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 programs on top of the top (OTT), that is to say on the Internet. The application (…) A new case of ACCC resale price maintenance is a timely reminder that manufacturers and suppliers must scrupulously comply with distribution agreements relating to the price in Australia. The Australian Competition and Consumer Commission („ACCC“) has initiated proceedings against FE Sports (…) A distribution agreement is a form of „vertical agreement“, i.e. when two or more undertakings operate at different levels of the production or distribution chain, and therefore falls within the scope of Article 101 TFEU. A vertical agreement is an agreement between companies operating at different levels of the economic supply chain, for example. B distribution agreements (suppliers and manufacturers), agency contracts (principals and agents) and franchise agreements (franchisors and franchisees). Potential risks of competition are above all the reduction of intra-brand competition and market sharing, which may in particular be price discriminatory. If most or all suppliers apply exclusive distribution, this can lessen competition and facilitate collusion, both at the supplier level and at the distributor level.
Finally, exclusive distribution can lead to the anticipation of other distributors, thus reducing competition at this level. Fines imposed on Apple, Tech Data and Ingram Micro* The Autorité de la concurrence imposes fines totalling €1.1 billion on Apple for anti-competitive agreements within its distribution network and for abuse of economic dependence concerning its „premium“ (…) In certain circumstances, exclusive distribution agreements may be subject to EU and UK competition rules. John Schmidt and Zeno Frediani look at some of the most important issues that operators in the food and beverage industry should consider so as not to conflict with competition rules. . . .