This book considers competition rules prohibiting anti-competitive agreements and behaviour affecting trade between Member States.
The new edition of EU Distribution Law, published six years after the previous edition, is concerned with the competition rules prohibiting anti-competitive agreements and behaviour affecting trade between Member States, and the special rules which protect commercial agents. Under EU law such anti-competitive agreements may be void and substantial fines imposed and liability in damages may result. To minimise their risk companies and their advisers must therefore understand the current rules and exemptions. In 2010 fully revised EU legislation and guidelines governing distribution and supply agreements came into effect. New features include an increased focus on powerful buyers and on internet sales, and there is also a more generous approach to resale price maintenance. [At the same time the special regime for the motor vehicle sector was significantly amended.] The European Commission, as well as national courts and competition authorities, actively apply EU competition rules in this area, so companies need to take the new rules fully into account.
Furthermore, the continuing enlargement of the EU, most recently in 2007 to 27 Member States, and the ever-expanding case law of the European courts, means that EU law has an ever wider and more pronounced impact. This comprehensively rewritten and updated new edition of a well-known text combines expert commentary with clear, practical advice on the law affecting distribution agreements, exclusive supply, purchase agreements, franchising, agency and selective distribution. This book will be essential reading for commercial and competition lawyers, and the legal departments of manufacturers, suppliers, distributors and retailers currently trading or intending to trade within the European Union.
is a Barrister working for Freshfields Bruckhaus Deringer LLP in Brussels.