By Yasmine EDDAM
29 June 2025
Distribution agreements, and more specifically exclusivity clauses, are at the heart of many commercial strategies. They enable a supplier to organise the marketing of its products and ensure an effective presence on a market. However, these contracts are closely watched by the competition authorities, as they can easily drift into anti-competitive practices. The dividing line between a legitimate network organisation and an illegal cartel is often a fine one, largely shaped by case law. Understanding these nuances is essential if you are to secure your commercial relationships, an approach in which the advice of a lawyer with expertise in unfair competition and cartels can make all the difference. This article provides an in-depth analysis of the court decisions that have defined the framework for these practices, to complement our comprehensive guide to vertical restraints in competition law. The principle that distribution agreements are lawful...
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