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.

Increasing interim measure use stirs consequences debate

Sarah Long commented to PaRR analytics on the increased use of interim measures, cautioning that despite the CMA’s recognition that the tool should be used more, the legal test remains relatively difficult to meet, and interim measures have never been successfully applied in the UK.  The CMA cites the Online Auction Platform case (which Euclid Law advised on) as an example of a successful interim measures case in its 2018/2018 annual report, although the case was closed after commitments were offered so there was no interim measures decision.  You can read Sarah’s article – co-authored with Simon Chisholm (CRA) and Helen Parker (UK Auctioneers Group) – here.

Retail MFNS and Online Platforms under EU Competition Law: a Practical Primer by Sarah Long

As part of the September 2019 issue of Competition Policy International (CPI)’s Antitrust Chronicle, Sarah Long’s article explores retail MFNs in the context of online platforms and specifically the challenges faced by competition authorities in assessing the potential anti-competitive nature of such agreements.

An uncertainty exists, felt most keenly by businesses, as to the perceived absence of clear legal framework, and the lack of co-ordination between competition authorities in their approach to this issue. This article aims to provide a practical framework for the assessment of retail MFNs in the context of online platforms under EU competition law.

To learn more about retail MFNs in the context of online platforms, the application of the Vertical Block Exemption Regulation (“VBER”) to retail MFNs and assessing retail MFNs under Article 101 TFEU and Article 102 TFEU, please follow the link to download the article.

E-commerce, brand equity and managing the Amazon marketplace: a response to the EC’s VBER consultation

The EC’s consultation on the Vertical Block Exemption Regulation (VBER) and Vertical Guidelines (VGL) closed for comments on 27 May 2019. Euclid Law responded to the consultation, calling for greater clarity around restrictions on online marketplace sales in order to preserve brand equity. To support the response, Euclid Law also submitted an expert report entitled ‘Amazon and the growth in online marketplace sales’ by James Thomson, formally the business head of Amazon services, and now a partner at BuyBox Experts, a managed services agency supporting brands selling online. A full copy of our response is available here and the expert report is available here.

Sarah Long’s short LinkedIn opinion on the consultation is available here.

Sarah Long speaks at Amazon E^HACKATHON in London

Sarah Long spoke at the Amazon E^HACKATHON in London on 8 May 2019 about online market place strategy and selective distribution in the EU, alongside Daren Garcia from Vorys, the leading US firm in online seller enforcement and e-control. The E^HACKATHON is one of the largest e-commerce events in the EU, bringing together industry leaders and top brands from across the EU. A copy of the slides can be found here