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Agency agreements: An overview of EU and national case law

1. Introduction Discussions on agency agreements have long focused on the distinction between “genuine” and “non-genuine” agents and on the question of who, between the principal and the agent, bears the risks. [1] As the literature on this distinction is profuse, the current article will mainly attempt to give an overview of recent cases in which principals and/or agents were found liable for anticompetitive behavior under Article 101(1) or 102 TFUE, especially where the agreement facilitated collusion or pr ice control. The principal’s liability for its agent’s conduct is particularly at stake in such cases. E-commerce and digitalization have become major concerns for undertakings and competition authorities. While agency is not the most common form of distribution of goods or services

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Alexandre Lacresse, Agency agreements: An overview of EU and national case law, 19 December 2019, e-Competitions Bulletin Agency agreements, Art. N° 92098

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