The European Commission launches public consultation on draft Vertical Block Exemption Regulation and Vertical Guidelines


The European Commission published on 9 July drafts of the Vertical Block Exemption Regulation and Vertical Guidelines. The said drafts are submitted for public consultation to adapt the existing texts to market developments, including the growth of e-commerce and online platforms. The deadline for contributions is 17 September 2021.

In particular, the draft includes developments on dual distribution (hard and digital), parity obligations (Most Favoured Nation clause), restrictions on active sales and certain indirect measures restricting online sales (e.g. dual pricing system and the equivalence principle).

It also contains specific rules and guidelines on online sales restrictions, online advertising and the platform economy.

Finally, the rules on territorial and customer restrictions are simplified by three separate sets of provisions clarifying the scope of the prohibition for each of the main distribution systems – exclusive, selective and free.

Michel Ponsard and Pauline Dugros

Note on a decision of the Court of Cassation on the question of the seizability of documents related to a lawyer's consultation in the context of a competition investigation on the premises of a company.

Antitrust, Distribution and Consumption
In an interesting decision of 26 January 2022, the Court of Cassation (Cass. crim. 26-1-2022 n° 17-87.359 F-D) clarifies the question of the seizability of documents related to a lawyer's…

Public consultation on the draft guidelines for information exchange in the context of dual distribution

Antitrust, Distribution and Consumption
As a reminder, "dual distribution" refers to the scenario where a supplier sells goods or services not only, at the upstream level, through independent distributors, but also at the downstream…

“Egalim II” Law: What's new on logistics penalties between suppliers and distributors?

Antitrust, Distribution and Consumption
The “Egalim II” Law of October 18th, 2021 introduces several new provisions on logistics penalties into the French Commercial Code. These new provisions came into force on October 20th, 2021…