Maverick Lawyers has been asked by Elvinger Hoss Prussen (a law firm from Luxembourg) to assist in an investigation into territorial supply restrictions. Elvinger Hoss Prussen had been approached by the Luxembourg Ministry of Economic Affairs to identify territorial restrictions faced by Luxembourg companies in connection with their activities and, in particular, supply restrictions. Supply restrictions occur in an international context. Therefore, a number of questions raised by the outlined framework concerned case law on territorial restrictions in Belgium, France, Germany and the Netherlands. In addition to Maverick, the international law firms Hengeler Mueller (Germany), Eubelius (Belgium) and Bredin Prat (France) also contributed to the case law review.
The questions raised in the study were
- In which cases has the legality of a territorial supply restriction been confirmed;
- In which cases has the territorial supply restriction been declared illegal or has its legality been questioned; and
- What are the different legal means to challenge territorial restrictions in your jurisdiction and what difficulties can companies face in taking action?
It was asked to focus on the B2B relationship and on the car market where possible. The findings of all law firms are now being translated by Elvinger Hoss Prussen, after which it will be bundled and presented to the Ministry.
