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Intra-brand competition meaning

What does Intra-brand competition mean?
Intra-brand competition describes rivalry between independent sellers of the same brand—such as retailers, distributors or franchisees—offering identical products from a single manufacturer. It is not a statutory term but is widely used in competition law guidance and case law when assessing vertical agreements and distribution systems. Legally, it focuses on how far a supplier allows resellers of its brand to compete on price, territory, customer groups and sales channels (including online). Restrictions that materially limit intra-brand competition—such as resale price maintenance, absolute territorial or customer allocation (especially bans on passive sales), or preventing authorised dealers from cross-supplying within a selective distribution system—are typically treated as hardcore or serious restrictions under the Chapter I prohibition of the Competition Act 1998 and the UK Vertical Agreements Block Exemption Order 2022 (VABEO), and under Article 101 TFEU and the EU Vertical Block Exemption Regulation 2022 (VBER) in Ireland. In practice, the CMA, European Commission and the Irish CCPC weigh intra-brand competition against inter-brand competition; efficiency justifications may permit targeted limitations within VABEO/VBER safe harbours or by individual exemption. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though the applicable block exemption and guidance (UK VABEO versus EU VBER) differ by...
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View the related Checklists about Intra-brand competition

CHECKLISTS
UK print marketing campaigns: practitioner checklist on targeting, placement, agency contracts, data protection, DMCCA 2024/CAP Code compliance, comparative claims, IP, prize/price promotions and clearance

This Checklist supports planning for a print marketing campaign. It concentrates on marketing-specific needs, excluding wider transactional matters (eg contract formation, distance selling). Scope includes targeting and placement, agency agreements, data protection, advertising compliance, and prize or price promotions. It also addresses conformity with the UK’s legislative and self-regulatory framework, notably the unfair commercial practices rules in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Print ads remain pivotal to big-brand activity, across billboards, posters, brochures, leaflets, newspapers and magazines. In the UK, print advertising is overseen through a blend of industry self-regulation and statute. For a wider briefing on the UK advertising environment, see Practice Note: Advertising law and regulation. See also: Advertising copy approval—checklist; Planning a digital marketing campaign—checklist. A third column is available to capture observations or remarks while working through the Checklist... Checklist Further information Notes (if any) Targeting and placement ...

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View the related News about Intra-brand competition

NEWS
UK and EU competition law weekly briefing: CAT Deckers/HOKA ruling, Vodafone/Three remedies, Meta CPO appeal, Teva abuse fine, Apple DMA compliance—7 November 2024

In this issue: UK antitrust UK mergers UK private actions UK market studies UK subsidy control EU antitrust EU State aid EU digital markets LexTalk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK antitrust CAT holds Deckers breached the Chapter I prohibition concerning restrictions on the sale HOKA running shoe brand The CAT handed down its judgment in Up & Running (UK) Limited v Deckers UK Ltd, a damages action brought by Up and Running (UK) Limited (Up & Running) against Deckers UK Limited (Deckers), alleging an infringement of the Chapter I prohibition under the Competition Act 1998 in relation to the sale of the HOKA running shoe brand. The CAT found that Deckers infringed the Chapter I prohibition by restricting the sale of those running shoes. Background Up & Running operates a retail business focused on specialist running footwear and accessories. Deckers...

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NEWS
EU competition law update (25 November 2024): Commission market test of Corning ‘Gorilla Glass’ Article 102 commitments; merger clearances; State aid decisions; Court of Justice references and calendar.

Antitrust Commission consults on commitments offered by Corning in ‘Gorilla Glass’ abuse investigation The Commission has initiated a market test of commitments proposed by Corning to address suspected abuse‑of‑dominance concerns tied to alleged exclusivity arrangements for the supply of Alkali‑aluminosilicate glass (Alkali‑AS Glass). This specialist material is mainly employed as cover glass in handheld electronic devices, and Corning markets it predominantly under the ‘Gorilla Glass’ brand name. Alkali‑AS Glass has two variants that are commercially significant: lithium aluminosilicate glass (LAS Glass) and sodium aluminosilicate glass (NAS Glass). By way of background, on 6 November 2024 the Commission launched a formal investigation because of concerns that Corning may have distorted competition in the Alkali‑AS Glass market by concluding allegedly anti‑competitive exclusive supply agreements with mobile phone manufacturers (OEMs) and with companies that process raw glass (finishers). The Commission preliminarily found that Corning holds a dominant position on the worldwide market for Alkali‑AS Glass. In its initial assessment, the Commission considers that Corning has abused this dominant position, contrary to Article...

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NEWS
TMT weekly update: AI governance, Online Safety Act thresholds and deepfake offences, CMA digital markets guidance, data protection opinions, advertising enforcement, and recent case law—9 January 2025

In this issue: New technologies Information technology Internet Data protection Advertising, marketing and sponsorship Reputation management LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies iQIYI brings a landmark copyright claim against Chinese AI start-up MiniMax. According to MLex, the China-based video-streaming service has filed proceedings in a local court, accusing the domestic artificial intelligence start-up of infringement linked to AI model training and content production. See: iQIYI sues Chinese AI startup MiniMax for copyright infringement in landmark case. MLex has learned. Appeal Tracker: Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd In Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825, the Supreme Court granted permission to appeal on 29 November 2024. Earlier, the Court of Appeal (Civil Division) upheld the hearing officer’s appeal from...

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View the related Practice Notes about Intra-brand competition

PRACTICE NOTES
European Commission merger control: Liberty Global/Telenet acquisition of BASE Belgium (M.7637) cleared in Phase II subject to MVNO entry, customer transfer and access commitments (2016)

CASE HUB ARCHIVED – this archived case hub records the position as at the decision of 4 February 2016; it is no longer maintained. See the timeline, commentary and related cases for further information Case facts Outline European Commission merger investigation into the proposed acquisition by Liberty Global of BASE Belgium (Case M.7637). The deal features horizontal and vertical overlaps within Belgium’s telecommunications market. Latest developments The Commission cleared the transaction, subject to commitments, on 4 February 2016. Under these commitments Liberty Global: will divest BASE’s 50% stake in Mobile Vikings, an MVNO that runs on BASE’s network, to Belgian broadcaster Medialaan transfer a portion of BASE’s customer base to Medialaan—BASE and Medialaan currently have an agreement under which BASE sells mobile services under the JIM Mobile brand, owned by Medialaan; Liberty Global will move JIM Mobile customers to Medialaan has entered into an agreement with Medialaan, granting it access to BASE’s mobile network on conditions that will allow it to...

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PRACTICE NOTES
EU merger control: Commission unconditionally clears FedEx/TNT (M.7630) in 2016; small‑package delivery integrators; intra‑ and extra‑EEA market assessments; efficiencies; contrasted with UPS/TNT prohibition

CASE HUB ARCHIVED This archived case hub captures the position as at the decision date of 8 January 2016 and is no longer updated. See the timeline, commentary and related cases for more detail... Case facts Outline European Commission merger review of the proposed purchase by FedEx Corporation of TNT Express (Case M.7630). The parties overlap horizontally in the small parcel delivery market... Latest developments On 8 January 2016, the Commission approved the deal without conditions... Parties FedEx Corporation (FedEx) is a US-based business (headquartered in Memphis, Tennessee) offering small parcel delivery, freight forwarding and cargo transport services worldwide via an integrated global network... TNT Express (TNT) is a Netherlands-based business supplying small parcel delivery, air and ground freight and freight forwarding services across the globe... Background The deal was announced on 7 April 2015, with FedEx agreeing to acquire all of TNT. The agreed price is €4.4bn. The transaction was notified to the Commission on 26 June 2015....

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PRACTICE NOTES
Canada’s influencer marketing legal framework: material connection disclosures, enforcement and sanctions, and key terms for brand–influencer agreements

This Practice Note is chiefly intended for brands seeking to collaborate with social media influencers (or other talent) on targeted social marketing campaigns and advertising promotions in Canada... Applicable regulations, codes and guidelines In Canada, the relationship between influencers and brands is largely governed by the federal Competition Act, R.S.C. 1985, c. C-3, together with relevant regulatory and industry guidance. The Act broadly prohibits representations that are false or misleading in a material respect. These misleading advertising provisions apply to influencer activity in the same way as any other marketing, and extend to statements made by influencers to the public. Under the Competition Act, the federal Competition Bureau oversees influencer marketing, including deciding what constitutes a ‘material connection’ between an influencer and a brand and the related disclosure obligations, which are discussed in detail below. The Competition Bureau may seek administrative remedies for misleading advertising as a civil offence, or pursue prosecution where misrepresentations are made knowingly or recklessly as a criminal offence. The criminal misleading advertising...

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