Cookie preferences

This website uses cookies to improve your browsing experience and to better tailor the website to your preferences. Below you can indicate your cookie preferences:

Essential cookies are cookies that are necessary for the correct functioning of the website (e.g., to avoid overload on the website, keeping it functional and accessible). These cookies can be placed without your consent.

Functional cookies are cookies that are necessary to improve your browsing experience or to provide a functionality explicitly requested by you (e.g. remembering your settings). These cookies can also be placed without your consent.

Analytical cookies are cookies that collect information about how you use the website to improve search engine hits and the functioning of the website (e.g. we see how visitors move around the website when they are using it to ensure that visitors find what they are looking for easily). These cookies are only placed if you have given your consent.

For more information about cookies and the list of cookies used on this website, see our Cookie Statement.


26 January 2023
0
Abusive conduct by distributors may be imputed to dominant producer according to Court of Justice

In its decision of 31 October 2017 the Italian Competition Authority (Italian Competition and Markets Authority, ‘AGCM’) found that Unilever abused its dominant position on the Italian market for the sale of individually packaged ice cream for consumption at sales outlets.

Not Unilever, but its independent distributors committed the abuse by imposing exclusivity clauses on the operators of the sales outlets. These clauses limited the possibility for competing operators to compete. The AGCM imposed a fine of 60,668,580 EUR on Unilever for abuse of its dominant position.

By way of a preliminary ruling of 19 January 2023 the Court of Justice of the European Union (‘Court of Justice’) confirmed that abusive conduct by independent distributors of a dominant producer may be imputed to that producer, if it is established that that conduct forms part of a policy decided unilaterally by that producer and implemented through those distributors.

According to the Court of Justice, the distributors and, consequently, the distribution network which those distributors form with the dominant company must be regarded as merely an instrument of territorial implementation of the commercial policy of that company and, on that basis, as being the instrument by which the exclusionary practice was implemented.

That applies in particular where, as in the present case, the distributors of a producer in a dominant position are required to have operators of sales outlets sign standard contracts which are supplied by that producer and contain exclusivity clauses for the benefit of its products.

Read the full decision on the Court of Justice’s website.


Save, download or share this article


Stay updated

Subscribe for free and get notified on the latest articles, documentation and publications.

More articles about Europe

SEE MORE

Comment on this article

Sign in to post comments

Subscribe for free and get notified on the latest articles, documentation and publications.

The DLC’s Legal notice applies. contrast BV will process your data in accordance with the Privacy notice.