The EU Commission publishes a working paper outlining its preliminary views on the application of article 101 TFEU to distributors that also act as agents for the same supplier

On 5 February 2021, the European Commission (“Commission”) published an important working paper outlining its preliminary views on the application of Article 101 TFEU to distributors that also act as agents for the same supplier (the “Working Paper”). As brand owners are showing an increasing interest in such hybrid arrangements, the guidance provided will be of practical importance in navigating the considerable compliance challenges which they can generate. In brief, the Working Paper suggests that the agency aspect of such a dual relationship may, in certain limited circumstances, escape the application of Article 101(1) without the need for the supplier/principal to reimburse many of the costs incurred by the dual role agent when it acts as a distributor. However, the proposed complex

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  • Van Bael & Bellis (Brussels)

Quotation

Andrzej Kmiecik, The EU Commission publishes a working paper outlining its preliminary views on the application of article 101 TFEU to distributors that also act as agents for the same supplier, 5 February 2021, e-Competitions February 2021, Art. N° 99573

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