Competition Law Pitfalls in Commercial Agreements

Introduction

This live broadcast session will focus on the most common forms of commercial agreements (agency, distribution, certain forms of vertical joint ventures) and how they are treated under EU and UK competition rules.

On 1 June 2022, the new EU and UK competition rules entered into force in the form of the Vertical Block Exemption Regulation (COMMISSION REGULATION (EU) 2022/720 of 10 May 2022, VBER) and the respective Guidelines, as well as the UK Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (SI 2022/516, Order).

They replaced the (retained) EU Vertical Agreements Block Exemption and guidelines of 2010, and lead to a partially different exemption regime/in the UK.

Both texts contain important changes in the competition law assessment of distribution agreements and are relevant for classic supply contracts as well as for e-commerce.

They apply not only to new contracts concluded from June 1 2022, but also to existing contracts after an implementation period of one year.

To prevent creeping illegality, but also to use any new leeway, companies and their legal advisers should learn how to navigate through this complex area of the law when drafting or reviewing commercial agreements.

This course is presented by Dr Alexandra von Westernhagen, EU/Competition Partner at Keystone Law in London. Alexandra is dual-qualified in England & Wales as well as Germany and has more than 20 years’ of relevant experience, gained at UK level and four EU Member State jurisdictions, including in Brussels.

What You Will Learn

Using case studies and practical examples this live and interactive session will cover the following:

• Agents, distributors and resellers - what's the difference from a competition law perspective?
• Types of distribution arrangements (exclusive, sole, non-exclusive and selective)
• Scope of Article 101 Treaty of the Treaty on the Functioning of the EU
• Scope of the Chapter 1 Prohibition of the Competition Act 1998
• The most important exemptions under the current EU VBER / retained UK VBER
• Do's and don’ts under the EU VBER - the most common pitfalls
• Do's and don’ts under the UK Order
• Comparison revised EU VBER - UK Order
• Case studies on the most important competition pitfalls for UK and/or EU distribution agreements

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.