Brussels, 4 February 2022
In the context of the ongoing review of the Vertical Block Exemption Regulation (‘VBER’), and the Guidelines on Vertical Restraints (‘Vertical Guidelines’), the European Commission has today launched an additional targeted public consultation on the proposed guidance relating to information exchange in the context of dual distribution, to be added to the Vertical Guidelines.
Dual distribution refers to a situation where a supplier sells goods or services in direct competition with the wholesalers or retailers, for example by operating its own shops or online stores. In July 2021, the Commission consulted stakeholders on a draft revised VBER and draft revised Vertical Guidelines, which contain rules and guidance on the application of Article 101 of the TFEU to vertical agreements.
The feedback from this consultation revealed the need for more specific guidance on the types of information that a supplier and a buyer in a dual distribution relationship may exchange. In view of this feedback, the Commission gathered additional evidence on this topic and commissioned an expert report.
This guidance will form part of the new rules on vertical agreements, which are expected to enter into force on 1 June 2022. Interested parties are invited to submit their comments by 18 February 2022. More information including on how to submit a contribution is available here.