The European Commission issues helpful draft guidance on information exchange in a dual distribution context

• 16/03/2022
• News

Now that the European Commission has published both draft guidance concerning information exchange in the context of dual distribution (as part of the review of the Vertical Agreements Block Exemption and Vertical Guidelines) and also draft new Horizontal Guidelines, we analyse how information exchange in dual distribution systems is treated under these draft texts. As part of a significant softening of approach towards dual distribution on the part of the Commission, the proposed rules for the most part allow considerable scope for the exchange of the key types of information necessary to operate an effective distribution system, though more uncertainty risks remaining for suppliers with strong market positions.