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DLC NEWSLETTER 8: “VERTICAL” IN THE SPOTLIGHT: HARDCORE RESTRICTIONS (GENERAL)

February 9, 2022 2:57 am Published by

Vertical agreements often contain a vast number of provisions, regulating different aspects of a vertical relationship. However, the EU competition rules determine that certain provisions cannot be included in distribution agreements since they impede competition to an extent that cannot be permitted. These are the so-called “hardcore restrictions”. Hardcore restrictions can be imposed both directly and indirectly, in which case the assessment is more complex, but the outcome is the same.