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EU competition update: AG Medina on VBER parallel imposition and active sales bans in Beevers Kaas; Commission merger notifications and clearances; upcoming dates (09/01/2025)

Published on: 09 January 2025

Published by a LexisNexis Competition expert
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Article summary

Antitrust AG delivers opinion on Belgian reference urging that an exclusive distributor be shielded from active sales in its territory by all the supplier’s other purchasers

Advocate General Medina has presented her opinion in Case C-581/23 Beevers Kaas, a reference from Belgium addressing the interpretation of Article 101 TFEU and the former vertical agreements block exemption (Regulation 330/2010). The focus is whether an exclusive distribution arrangement accords with the parallel imposition requirement, under which a supplier must ensure its exclusive distributor is safeguarded against active selling into the protected territory by all the supplier’s remaining distributors or buyers. The opinion considers how these rules apply where exclusivity is granted and parallel obligations are expected across the supplier’s network to prevent targeted incursions into the exclusive area...

Background

Beevers Kass acts as the exclusive distributor in Belgium for Beemster cheese, sourced from the Dutch producer Cono. Since 1993, Cono and Beevers have been bound by an exclusive distribution agreement governing the sale of Beemster cheese in Belgium and Luxembourg...

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