Exclusive distribution: An overview of EU and national case law

An impartial commentator cannot but be surprised that, 45 years after the Consten and Grunding [1] ruling in the E.U., 34 years after the Sylvania ruling in the U.S [2]. and one year after the last reform undertaken by the European Commission (the "Commission") in this area [3], exclusive agreements ("exclusive agreements") remain at the spotlight. This is due to the existence of an inherent and, therefore, unsolved tension between the commercial needs of companies, the E.U. political imperatives regarding the Internal Market and modern antitrust theories. As a result, the European (including both at the E.U. and at the national level) case-law regarding exclusive agreement is somewhat heterogeneous and not always consistent. The increasing importance of Internet distribution (see

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Andrés Font Galarza, Eryk Lucas Dziadykiewicz, Pablo Figueroa, Exclusive distribution: An overview of EU and national case law, 31 December 2011, e-Competitions Exclusive distribution, Art. N° 41235

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