Abuse of dominance / Exclusivity clauses
The Court of Justice of the European Union (CJEU) confirms that abusive conduct by distributors forming part of the distribution network of a producer in a dominant position can be imputed to the latter under article 102 TFEU if it is established that such conduct was not adopted independently by the distributors, but form part of a unilateral commercial policy of the producer implemented though the distributors.
While the period of commercial negotiations between suppliers and distributors ended as every year on March 1 with the signing of annual agreements, the practices of some large retailers are in the sights of the authorities, whose action is intensifying.
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