However, a genuine commercial agent contract, in which the intermediary does not run any significant financial or commercial risk and negotiates and concludes only transactions on behalf of its contracting entity, does not fall within the scope of competition law. While trade negotiations for the conclusion of agreements for 2021 are already underway, the CEPC has published on its website a recommendation aimed at “the professionals concerned in the potential difficulties of applying the contracts in progress due to the health crisis and their (…) It is clear that the last of these restrictions is particularly relevant for selective distribution. According to VABER, it is possible to prohibit authorized distributors from reselling competing brands, but any obligation to boycott the products of a given supplier will not benefit from the exception. That provision is intended to prevent a number of suppliers who use the same selective distributors from preventing certain competitors from using those distributors, which risks rotting that supplier`s market. Most EU competition law is transposed into UK law. In particular, the EU`s post-Brexit block exemption will be maintained in UK law, meaning that distribution agreements will be able to continue to benefit from the vertical block exemption. As a general rule, a selective distribution agreement does not have an element of territorial exclusivity (or customer exclusivity), but is rather characterized by a restriction on the resale of contract goods to third-party sellers who do not participate in the selective distribution system. In practice, the supplier limits resale to the final consumer and to a `selected` group of distributors who meet a number of objective criteria. This group can then be sold to all end users, wherever they are. Nicolas Feuillatte Champagne and two importers-distributors penalized for maintaining exclusive import agreements in the French West Indies* Background According to a report by the French Directorate-General for Competition Policy, Consumer Protection and Fraud Control (DGCCRF), the French (…) Under Community competition rules, most distribution agreements are exempted for vertical agreements.
This is called the block exemption for vertical agreements. Much of UK competition law comes from EU law. Therefore, Brexit will likely have an impact on how companies can legally compete with each other, unless a future deal says otherwise. A selective distribution agreement is usually used by a supplier to maintain better control over the resale of its products. In such a system, the supplier undertakes to supply only those distributors who meet certain minimum criteria. In return, distributors undertake to supply only other distributors who are in the authorised selective distribution system or to the final consumer. The selection criteria used generally require that products be sold only through points of sale that give a certain image or that the trader assume certain obligations, such as staff training or after-sales services. Selective distribution agreements are essentially aimed at achieving a uniform standard and a uniform quality of service at the points of sale where products are sold. Certain competition rules apply in the United Kingdom.
Anti-competitive conduct that may affect trade in the United Kingdom is expressly prohibited by the Competition Act 1998 and the Enterprise Act 2002. If the anti-competitive effect applies to other EU Member States, Articles 81 and 82 of the EC Treaty prohibit it. The health crisis and its consequences have had a direct impact on the trade agreements that have just been signed for 2020 between traders and the food sector companies that supply them. . . .