Competition law interacts with the online sector in a number of ways, including the European Commission’s Digital Single Market strategy and the related e-commerce sector inquiry. Enforcement action has also been taken in relation to e-commerce by the Commission and national competition authorities. There are a number of ongoing competition concerns in relation to e-commerce and the online sector, including geo-blocking, platform bans and resale price maintenance (RPM).
This Checklist focuses on the intellectual property (IP) aspects of vertical agreements, covering key competition law considerations. It considers the following issues: the parties to and structure of vertical agreements, identifying the IP, the scope of the licence, restricting the use of the IP, IP ownership, third-party IP, protection of licensor’s IP and warranties and indemnities.
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