Clifford Chance

European Commission e-commerce report identifies widespread breaches in distribution arrangements

12 May 2017

The European Commission's final e-commerce sector report indicates that there is widespread misunderstanding of EU competition rules on exclusive and selective distribution in online and offline channels. It highlights a number of practices uncovered during the inquiry that are considered by the Commission to be hardcore infringements of competition law. It also seeks to clarify the status of certain restrictions, although some of its findings are at odds with the decisional practice of national authorities and courts. Enforcement action may follow. Businesses should check their distribution arrangements against the findings in the report.

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