EU competition law and commercial agreements

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Latest Competition News

EU Competition law—daily round-up (09/04/2021)

The following Competition news provides comprehensive and up to date legal information on EU Competition law—daily round-up (09/04/2021)

EU Competition law—daily round-up (08/04/2021)

The following Competition news provides comprehensive and up to date legal information on EU Competition law—daily round-up (08/04/2021)

UK Competition law—daily round-up (08/04/2021)

The following Competition news provides comprehensive and up to date legal information on UK Competition law—daily round-up (08/04/2021)

UK Competition law—daily round-up (07/04/2021)

The following Competition news provides comprehensive and up to date legal information on UK Competition law—daily round-up (07/04/2021)

Featured Competition content

Getting the Deal Through: Merger Control 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Albania; Australia; Austria; Belgium; Bosnia and Herzegovina; Brazil;...

Concerted practices

The concept of concerted practice laid down in Article 101(1) TFEU enables the European Commission (Commission), national competition authorities and...

Clean team agreement

This AGREEMENT is made the [insert date] day of [insert month] [insert year]Parties1[Party 1] a company incorporated in [England and Wales]...

The evolving essential facilities doctrine

The 'essential facilities’ doctrine states that the refusal by a dominant company to grant assess to an essential facility that it controls...

Practice notes

UK merger control

A conversation with Peter Harper, partner, Annabel Borg, principal associate PSL and Claire Morgan, principal associate, in the London office of...

Produced in partnership with Eversheds Sutherland LLP 12th Jan

Practice notes

State aid and the market economy operator principle

Economic transactions carried out by Member States do not confer an advantage in favour of an undertaking, and therefore do not constitute State aid...

Produced in partnership with CMS 12th Jan

Practice notes

Vietnam merger control

A conversation with David Fruitman, regional competition counsel and senior consultant at regional law firm DFDL on key issues on merger control in...

Produced in partnership with DFDL 12th Jan

Practice notes

Competition law and exclusive distribution agreements

This Practice Note makes frequent references to two legal instruments issued by the European Commission that are designed to assist parties and their...

Produced in partnership with Suzanne Rab of Serle Court 12th Jan

Practice notes

Dominant position and competition law

Article 102 TFEU prohibits undertakings which hold a dominant position within the EU or a substantial part of it from abusing that dominant position,...

Produced in partnership with Suzanne Rab of Serle Court 12th Jan

Practice notes

Collective dominance and oligopolies

Competition concerns relating to collective dominance and oligopolies may be dealt with in various ways under EU and UK competition laws:•Article 101...

Produced in partnership with Herbert Smith Freehills 12th Jan

Practice notes

Tunisia merger control

A conversation with Sami Kallel, at partner Tunisian law firm Kallel & Associates, on key issues on merger control in Tunisia.NOTE–to see whether...

Produced in partnership with Kallel & Associates 12th Jan

Most recent EU competition law and commercial agreements content

Practice notes

Applying block exemptions to IP agreements

Intellectual property (IP) agreements relating to, for example, licensing of technology and for the joint development of new technology, may have a...

Produced in partnership with Bristows 8th Apr

Practice notes

EU competition law and standardisation agreements

Standardisation (or standard-setting) is a common practice and plays an important role in many industries and society more broadly—bringing about...

Produced in partnership with Suzanne Rab of Serle Court 6th Apr

Practice notes

Analysing horizontal cooperation agreements under EU competition law

A key proposition underpinning EU competition law is that competing companies should act independently on markets. In principle, rivalry and...

6th Apr

Practice notes

Competition law and agency

There are several ways in which a supplier can distribute its product. A supplier may:•distribute products or services itself•use a distributor,...

Produced in partnership with K&L Gates 6th Apr

Practice notes

Information exchange under EU and UK competition law

Information exchange is a regular commercial practice which can increase transparency of price and other commercially sensitive information and, in...

6th Apr

Practice notes

The legal treatment of cooperative joint ventures under EU competition law

A joint venture is a commercial arrangement whereby two or more independent companies combine or pool their resources, assets or business units in...

6th Apr

Practice notes

Competition law and franchise agreements

As with other commercial arrangements, 'franchise agreements' are potentially subject to EU and Member State competition law requirements (in...

6th Apr

Practice notes

Analysing vertical agreements under EU competition law

This Practice Note is important first stage reading for analysing vertical restraints, that is, restrictions in vertical agreements caught by Article...

6th Apr

Practice notes

EU competition law and selective distribution

Most manufacturers do not distribute their products themselves. Establishing a captive retail system is expensive and manufacturers normally outsource...

Produced in partnership with Gibson Dunn 6th Apr

Practice notes

The Vertical Restraints Block Exemption

The Vertical Restraints Block Exemption Regulation (VRBE, Regulation No 330/2010) defines a category of vertical agreements which the European...

Produced in partnership with Addleshaw Goddard 6th Apr

Practice notes

EU competition law and exclusive distribution agreements

The Guidelines on Vertical Restraints explain that '[i]n an exclusive distribution agreement, the supplier agrees to sell its products to only one...

6th Apr

Practice notes

EU competition law and research and development agreements

Research and Development agreements (R&D agreements) are agreements under which two or more parties agree to jointly execute research work and/or...

Produced in partnership with K&L Gates 6th Apr

In-house

Practice notes

EU competition law and joint production agreements

Joint production agreements, whereby two or more parties agree the terms under which a product may be produced, are capable of giving rise to...

Produced in partnership with K&L Gates 6th Apr

Practice notes

EU competition law and joint purchasing agreements

Joint purchasing agreements are agreements under which two or more companies (and indeed, often a significant number of companies) agree to jointly...

Produced in partnership with K&L Gates 6th Apr

In-house

Practice notes

Competitive effects of most-favoured nation clauses

Most-favoured nation clauses (MFNs, also called parity clauses) are vertical arrangements whereby the terms and condition of supply are set by...

Produced in partnership with Dentons 22nd Mar

Q&As

When is an agency agreement a true agency agreement for the purposes of competition law?

There are several ways in which a supplier can get its product to the market. A supplier may:•distribute products or services itself•use a...

8th Mar

Q&As

Can a non-exclusive distributor appointed to a territory be prevented from selling outside that territory?

In this Q&A we are referring to restrictions on sales into territories within EEA.Agreements between companies operating at different levels in the...

8th Mar

Practice notes