The European Commission has published a new draft guidance with regard to exchange of information related to dual distribution. This draft guidance provides valuable dos and don’ts for companies concerning the information exchange in a dual distribution scenario. Any company dealing with dual distribution is well advised to (re-)consider and maybe even audit its current dual distribution system in the light of the new draft guidance. It can be expected that the increasing importance of dual distribution in many business areas will attract the European Commission’s enforcement interests sooner or later. Introduction Dual distribution has become more and more important with the success of e-commerce. Dual distribution means the scenario where a supplier sells goods or services not only
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