Vertical Arrangements and Restrictions in Europe
ABA Antitrust Law Section, 2024
Analysis Group Managers Kritika Narula and Zsolt Udvari have published a recap of an American Bar Association (ABA) Antitrust Law Section webinar titled “Vertical Arrangements and Restrictions in Europe.” The panel, moderated by Matthew Adler (Baker Botts) and including Maren Tamke (Dentons), Tobias Kruis (Giesecke+Devrient), and Luis Blanquez (Bona Law), provided an overview of the updated Vertical Block Exemption Regulation (VBER) and its Vertical Guidelines and recent enforcement actions in Europe involving vertical agreements.
During the program, the panelists first outlined the types of vertical agreements that can be exempted from prohibition under the regulation and provided insights into the varying priorities of enforcement agencies across Europe related to vertical constraints. Next, they discussed several common vertical restraints, including dual pricing, dual distribution, resale price maintenance and most favored nation clauses, and whether and how the VBER provides insights or clarifications about regulations concerning these agreements. The program explored several recent enforcement actions related to vertical exemptions in the EU that may inform future applications of the VBER and Vertical Guidelines. The panel concluded with a discussion of a hypothetical US-based widget maker looking to expand its business to Europe, with the panelists sharing practical advice centered around the implications of dual distribution under the updated VBER.