EU and national competition and antitrust laws apply to any agreement containing provisions that may restrict or distort competition. Arrangements as to pricing or exclusivity, non-competes and deals to divide up or share out markets or customers are particularly vulnerable to challenge. The result can be a competition authority investigation or court proceedings, with key provisions of the agreement declared unenforceable.
The DWF EU/Competition team is very experienced in advising on how competition law interacts with commercial agreements. We provide pragmatic and focused advice and drafting to manage any competition law risk. Our in-depth knowledge of EU case law and block exemption regulations and, more importantly, the policy background and practical effects of the rules means that we can ensure that risks are managed in a proportionate and commercial way.
We are particularly well-placed to advise on complex and novel issues raised by a wide range of commercial agreements. We also assist clients to develop compliant distribution networks, whether through exclusive distribution, selective distribution or franchising, and advise retailers on issues raised in supply agreements.