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Vertical Distribution Agreements:

What Should Be Considered a Restriction by Object?

Christian Bergqvist


Keywords: Vertical restraints, distribution agreements, by object, hardcore, Article 101

While consensus positions continue to emerge regarding what to accept as restrictions by object in horizontal arrangements, little consideration has been given to verticals – presumably because enforcers lost interest several decades ago. But the winds might be changing, and the fact remains that case law has identified a group of vertical restrictions as detrimental to the free market as horizontal hardcore arrangements. In this article, an attempt to capture what to accept as vertical object restrictions will be made, providing guidance for enforcers' renewed interest in the matter.
Keywords: Vertical restraints; distribution agreements; by object; hardcore; Article 101

Christian Bergqvist, Associate Professor, PhD, University of Copenhagen. The author can be reached at <> and has no conflicts of interest to declare. The article has benefitted from comments from Laurits Schmidt Christensen, Giorgio Monti, Vladimir Bastidas, Sam Baldwin and Elo Tamm.


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