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.

What Is Stopping Brands from Adopting Selective Distribution? Three Common Myths Dispelled

by Becket McGrath

Selective distribution offers brands a ready-made and well established means of ensuring that their products are sold in a consistent and high-quality sales environment across Europe. It does so by limiting sales of a brand’s products to a network of resellers that meet its specified selective distribution criteria, with all others placed on the other side of the network’s protective moat. Resellers who commit to support a brand, for example through investment in point of sale materials, marketing spend, or staff training, are rewarded, while access to products by less committed retailers is cut off. As a result, the brand’s products are presented in the best light and competition between brands is enhanced.

Read Becket’s full ‘Brand Licensing’ article from Wolters Kluwer‘s October 2020 edition of The Licensing Journal 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