The European Commission has launched a final public consultation on the anti-trust implications of so-called “vertical agreements” between companies operating at different levels of the supply chain in order to update and improve its Vertical Block Exemption Regulation (VBER) and the related Vertical Guidelines. The EU is asking stakeholders to react by Sept. 17 to the draft of a revised VBER and its guidelines that the Commission has compiled on the basis of observations and suggestions made since October 2020 by many companies and organizations, including the Federation of the European Sporting Goods Industry (FESI). The current draft takes into account recent developments in the market such as the growth of e-commerce and online platforms. It proposes changes in the regulations and exceptions for dual distribution, parity obligations, active sales restrictions, online sales, online advertising restrictions etc. It also seeks to simplify and clarify certain provisions. The EU plans to finalize and implement the new rules on June 1, 2022. Jochen Schäfer, a legal expert on the subject who works with FESI, has made some comments on the draft proposals for our readers, who are invited by us to share their views as well.

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