Distribution Networks, Exclusivity Clauses and Abuse of Dominant Position: Recent Guidance From the CJEU in Unilever v AGCM

February 2023
Region: Europe

Can the actions of independent distributors within a producer’s distribution network be imputed to that producer?

How must competition authorities address the potential anti-competitive effects of exclusivity clauses in distribution contracts? What is the status of the “as-efficient competitor” test in EU competition law? The Court of Justice of the European Union (CJEU or “the court”) has recently provided important clarifications on these questions of interpretation and application of EU competition law on abuse of dominant position, namely Article 102 of the Treaty on the Functioning of the European Union (TFEU).