The EU Court of Justice reconfirms fundamental principles regarding vertical restraints and intrabrand restrictions, by underscoring the fact that many vertical restrictions would elude Article 101 (Visma)

Visma and the notion of vertical restrictions* On the 18th of November, the European Court of Justice delivered its Visma [1] ruling, that regardless of some important observations, appears to have largely gone unnoticed by the anti-trust community. Probably, overshadowed by the General Court ruling in Google Shopping [2] a few days prior, but from a practical perspective arguably amounts to a much more essential case. In Visma, the Court of Justice reconfirms fundamental principles when it comes to vertical restraints, including that these should not be a priority and that intrabrand restrictions, only limiting the distribution of the seller's own product, rarely would present problems under Article 101. Neither of these principles are novelties, but as DG COMP currently is

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  • University of Copenhagen - Faculty of Law

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Christian Bergqvist, The EU Court of Justice reconfirms fundamental principles regarding vertical restraints and intrabrand restrictions, by underscoring the fact that many vertical restrictions would elude Article 101 (Visma), 18 November 2021, e-Competitions November 2021, Art. N° 104572

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