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The EU Commission adopts the new Vertical Block Exemption Regulation and Vertical Guidelines signalling cautiousness around information exchange in dual distribution situations

On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation [1] (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation No. 330/2010 of 20 April 2010, is accompanied by a new version of the Vertical Guidelines [2], a soft law instrument designed to help businesses conducting their own assessment of vertical agreements under EU competition rules. While overall the new VBER does not revolutionize the old rules, it includes some notable changes that may have far-reaching effects on relationships between suppliers and distributors. Dual distribution is one of them. Key Takeaways The safe harbor provided by the VBER generally applies to situations of dual distribution, where the

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Mélanie Thill-Tayara, Laurence Bary, Marion Provost, The EU Commission adopts the new Vertical Block Exemption Regulation and Vertical Guidelines signalling cautiousness around information exchange in dual distribution situations, 10 May 2022, e-Competitions Preview, Art. N° 108671

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