The EU Commission sets out new rules on dual distribution agreements, parity clauses and resale price maintenance in its revised Vertical Block Exemption Regulation and guidelines on vertical restraints

On 1 June 2022, the European Commission’s revised Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints entered into force. Adding to our article on the highly controversial issue of dual distribution, this post focuses on three other essential aspects: (1) platform bans in online distribution, (2) parity clauses (also called MFN or most-favored-nation clauses) and (3) resale price maintenance. In the following, we set out the revised rules and provide a first overview of their practical consequences. “I don’t like the places you hang out!” – Platform Bans get the All-clear The question of whether platform bans can be exempted by the VBER used to be a contentious topic in national and European competition law. In its landmark “Coty” decision in

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Jan Philipp Sparenberg, Florian von Schreitter, Philipp Heuser, The EU Commission sets out new rules on dual distribution agreements, parity clauses and resale price maintenance in its revised Vertical Block Exemption Regulation and guidelines on vertical restraints, 10 May 2022, e-Competitions May 2022, Art. N° 106967

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