Diederik Schrijvershof and Judith Jansen advised an A-brand manufacturer on parallel trade.
Parallel trade refers to legitimate trade in goods not controlled by the manufacturer or official distributor within the European Union's internal market. Obstructing parallel trade may under certain circumstances constitute abuse of a dominant position (Article 102 TFEU) and/or infringement of the cartel ban (Article 101 TFEU).
Parallel trade is currently receiving increasing attention within the European Union. In May 2024, the European Commission fined food company Mondelez €337.5 million for restricting parallel trade. Earlier, in 2019, AB InBev was fined €200 million for a similar violation. Restricting parallel trade is also under discussion at the political level. For instance, on 27 November 2023, the has written a Parliamentary letter to the Minister of Economic Affairs and Climate calling for these barriers to be addressed at the European level. In addition, the minister, together with seven other member states, submitted a proposal to further regulate parallel trade.
For more information on agreements between suppliers and distributors, see our other blogs.
Follow Maverick Advocaten on LinkedIn
