Vertical Restraints in the Digital Economy: Vertical Block Exemption Regulation Reform and the Future of Distribution

Vertical agreements between undertakings at the various levels of a supply chain have long been seen as a fundamental focus for antitrust legislation, such as the European Union’s Vertical Block Exemption Regulation (VBER). It goes without saying that such issues are particularly prevalent in digital markets. This authoritative commentary analyses the main restrictions in vertical agreements, emphasising the numerous new and contentious issues arising in the context of Internet distribution. It offers both legal and economic perspectives, as well as examines enforcement and possible changes to the legislation.

The contributors - leading competition authority officials, lawyers, economists, and academics - provide in-depth discussions of topics that have emerged as areas for conscious policy choices, including the following:

restrictions of online sales;
price parity obligations;

resale price maintenance;
the duration of non-compete obligations;
sustainability agreements;

geo-blocking practices; and
restraint of trade in pharmaceuticals.

The contributions have emerged from the 2020 conference of the Global Competition Law Centre at the College of Europe in the context of the currently ongoing review of the VBER and vertical guidelines.

With its multidisciplinary approach highlighting the efficiencies and harms caused by the restrictions at stake, this important book clearly shows how law and practice apply to specific issues relating to digital markets and how the law is likely to change in the near future. It will be of immeasurable value to lawyers and officials concerned with European competition law and academics in the field.