The EU Commission publishes a staff working document on the vertical block exemption regulation but does not address any guidance on most-favored-nation clauses

On 8 September 2020, the European Commission published its Staff Working Document (“Evaluation Document”) on the results of its evaluation of the VBER and its accompanying guidelines. One of the key gaps in the current framework is the absence of guidance on how retail parity clauses should be assessed under Article 101 TFEU. Over the last decade this has proven to be a hot topic, particularly as a result of various investigations by national competition authorities in the EU (“NCAs”) into the use of retail price parity clauses by online hotel booking sites. In its Evaluation Document the Commission now confirms the need for more guidance on how such clauses should be analysed under the VBER in order to prevent the current divergent approach in this area by NCAs across Europe. Background

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  • Bird & Bird (Amsterdam)
  • Bird & Bird (Amsterdam)

Quotation

Manuela Cox, Piet-Hein Eijssen, The EU Commission publishes a staff working document on the vertical block exemption regulation but does not address any guidance on most-favored-nation clauses, 8 September 2020, e-Competitions September 2020, Art. N° 97255

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