Do you have the impression that your competitors are fixing prices or sharing markets? Or would you like to know where you stand yourself, how far you can go and the risks you run? You would like to know whether your distribution contract is competition law proof and get advice on how to abide by the rules.
InesLegal analyses your position and offers you advice including on the following topics:
- E-commerce & online sales through:
- platforms such as Amazon, Bol.com and Fonq
- algorithms and other price comparison tools
- Vertical distribution agreements & restrictive practices:
- recommended prices, minimum prices, discounts & compensation
- territorial restrictions
- selective distribution contracts & exclusive distribution contracts
- price-fixing agreements
- market sharing agreements
- collusive tendering
- Abuse of dominant position
- Trade association and professional organisations
You get answers on how strong your proof stands, which are the risks and what you can do to proceed further.
Case | Travel bags – Advice
A retailer in travel bags received new general sales conditions from one of its main manufacturers. It contained a prohibition for retailers to sell the manufacturer’s products on third party websites and market places (Amazon, eBay, Bol.com).
He contacted us to know whether this was allowed, what he could do against this and how to proceed further. We provided him with advice and the tools on how to proceed.
Case | Abuse of dominant position in the financial sector – Advice
A dominant manufacturer in the financial sector refused to deliver one of its products to a retailer. Instead, the manufacturer decided to sell it directly himself. The retailer accused the manufacturer of charging excessively high prices for the product and insisted on getting delivered. The retailer’s lawyer sent the manufacturer a letter stating that the manufacturer was abusing its dominant position by refusing to deliver the products .
The manufacturer contacted us in order to assess the abuse of dominant position. We drafted a memo containing the legal arguments manufacturer could put forward to show that there was no abuse of dominant position, the tools he could use and the next steps he could take with the risks he would run.
Case | Trade association in agriculture – Advice
Over the years, a major trade association in the agricultural sector had received several advices from lawyers not specialised in competition law. Their conclusions were the same: according to competition law, it was allowed what the trade association was doing.
The trade association contacted us for expert advice on the competition law aspects of their activities. We concluded that the activities the association and its members had been doing for years constituted very serious infringements of competition law. As the trade association was the largest one in its sector, it meant that all of its members and actually the entire sector had been infringing competition law for years. We advised on how to rearrange their activities in order to be compliant with competition law. This resulted in the trade association changing its objectives and direction and the entire sector being reorganised.