Competition law issues can arise from many common types of commercial agreement. For example, when it comes to distribution agreements, as well as limiting a supplier’s ability to set a product’s resale price, European competition law is generally hostile to suppliers imposing restrictions on cross-border or online sales. IP rights licensing can raise additional and potentially complex issues.
This is important, since an agreement that infringes competition law will be unenforceable. In addition, the European Commission and many national competition authorities are actively investigating distribution agreements that raise competition concerns and, in many cases, imposing substantial fines.
Our lawyers have extensive experience of advising a wide range of companies on the competition law implications of their commercial agreements, including selective and exclusive distribution, software and content licensing, media rights exploitation, R&D joint ventures and IP commercialisation.
We have also assisted companies in defending themselves against competition law investigations relating to their commercial arrangements or as third parties to investigations into the commercial arrangements of their suppliers or competitors.
‘Having advised some of the world’s largest e-commerce companies on their commercial agreements and strategy, as well as related antitrust investigations, I am well versed in how online markets function and am able rapidly to zero in on potential issues and assist clients with calibrating the associated risk.’
– Becket McGrath, Partner
We have particular expertise in e-commerce, with experience advising online retailers, marketplaces, pricing software vendors and games companies. Euclid is a founding member of eControl Global, which helps brands gain more control over their distribution arrangements through the use of selective distribution. We work closely with brands, ranging from household names to start-ups looking to sell products online for the first time.
‘I love working with our eControl brands, as we help them ensure that their products are sold in a way that protects their brand value, while maximising the benefits offered by e-commerce for them and consumers.’
– Sarah Long, Partner