Response to the additional Public Consultation on Proposed Guidance relating to Information Exchange in the context of Dual Distribution

As part of the ongoing review of the Vertical Block Exemption Regulation and Guidelines, on 4 February 2022, DG COMP launched a two-week consultation regarding proposed guidance on information exchanges in dual distribution.  The proposed new section provides much needed clarity and valuable additional guidance on the circumstances in which information exchange in a dual distribution context will not raise concerns.  The Commission also appears to have dropped the proposed 10% market share threshold, which is very welcome as this will materially reduce complexity and uncertainty.   

Euclid Law’s response is available here

European Commission Evaluation of the Vertical Agreements Block Exemption Regulation (VBER)

Response to the Public Consultation on the draft revised Regulation and Guidelines

Euclid Law Ltd.

1. Euclid Law Ltd. (Euclid Law) is a boutique competition law firm, with offices in London and

Brussels. We advise on all aspects of EU and UK competition law. Euclid Law is also a

founding coalition member of eControl GlobalTM, through which we work closely with US law

firm Vorys, Sater, Seymour and Pease. Our European eControl practice has a particular focus

on advising brands on the roll-out of selective distribution systems.

2. Our lawyers advise on the compatibility of distribution agreements with EU competition law

on a daily basis. We also have experience of representing clients in investigations of their

distribution arrangements by the European Commission (Commission) and National

Competition Authorities (NCAs). As well as advising a wide range of brands, from globally

established companies to start-ups, we have advised online retailers, marketplace operators,

brick and mortar retailers, software companies, sporting rights companies, financial services

companies, insurance companies, gaming companies and pharmaceutical companies on their

distribution arrangements.

3. We are submitting this paper from the position of practitioners who see merit in having a

rational, predictable and up to date competition law regime for vertical agreements. The views

stated are our own and do not necessarily represent the views of any client of our firm.

Download and read the full memo here.

Sarah Long speaks at the Vertical Restraints and Distribution Conference 2019

Sarah Long spoke at the Vertical Restraints and Distribution Conference 2019 in Brussels on 26 June on Dual Distribution: Challenges for Competition Law and RPM in the Digital World. Copies of Sarah’s slides can be found here (Dual Distribution) and here (RPM).