When Can a Supplier Lawfully Restrict Active Sales in an Exclusive Distribution Agreement?

In its recent judgment in Beevers Kaas (Case C‑581/23), the European Court of Justice (ECJ) clarified how suppliers may validly restrict active sales in exclusive distribution arrangements under Article 4(b)(i) of the Vertical Block Exemption Regulation (VBER). The ECJ confirmed that such restrictions must be grounded in an express or tacit agreement between the supplier and all affected distributors.

Read more about this decision here.

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