Online: Update Antitrust Law (German)

The European Commission published the texts of the new Vertical Block Exemption Regulation and Vertical Guidelines on 10 May 2022. Both texts will already enter into force on 1 June 2022 and contain important changes in the antitrust assessment of distribution contracts.

This applies to classic supply contracts as well as to the area of e-commerce. The new rules apply not only to new contracts concluded after 1 June, but also to existing contracts after an implementation period of one year. In order to prevent a creeping illegality, but also to take advantage of any new leeway, companies should therefore carefully review their existing contracts.

Our speaker Dr. Moritz Dästner will offer a two-part online seminar on 9 and 23 June, both at 1 p.m., in which he will not only deal with the new rules but also explain many fundamental aspects of distribution antitrust law.

Seminar 1: Antitrust Law Limits on the Formation of (Framework) Supply Agreements

• What price specifications may a manufacturer impose on its dealers?
• May the dealer demand from the manufacturer to always get the lowest price? What applies to discount campaigns?
• May exclusivities be agreed between supplier and buyer, and if so, for how long?
• What obligations apply to the supply of spare parts?
• And is it permissible to tell one's buyer to pass on sales restrictions to its customers?

Seminar 2: Antitrust classification of different forms of distribution including e-commerce

• What are the differences in the antitrust assessment of exclusive and selective distribution? What has to be considered in dual distribution?
• How is franchising classified under antitrust law? When is a commercial agent exempt from the application of the ban on cartels?
• What may the manufacturer prohibit its dealers from doing in online trading and may it treat online and offline sales differently?
• May different prices be set in online and offline trade?