The EU Commission issues proposed guidance on information exchange in dual distribution relationships

As part of its review of the EU antitrust rules governing vertical agreements, the European Commission (EC) has published for consultation a draft new section of its Vertical Guidelines, which contains proposed guidance on information exchange in "dual distribution" relationships. Reacting to feedback from stakeholders, the EC has adjusted the review test it proposed in July 2021, and provided concrete examples of information exchanges that can and cannot benefit from block exemption. Whilst the proposed guidance will make self-assessment easier in some respects, the EC has chosen to adopt a review test that could be open to wide interpretation. What is dual distribution? In short, dual distribution covers situations where a supplier not only sells its goods or services through

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Katarzyna Czapracka, Tilman Kuhn, Strati Sakellariou-Witt, Peter Citron, The EU Commission issues proposed guidance on information exchange in dual distribution relationships, 4 February 2022, e-Competitions February 2022, Art. N° 105276

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