Austria starts into Fall Season with new rules on Commercial Guarantees and Online Right of Withdrawal
The new rules provide for a Right of Withdrawal for consumer contracts concluded after September 30, 2026. The law applies to any kind of web-shop, platforms, apps, in game -purchase or the like.
DLN launches four-part After-Work Webinar Series on Distribution Law
Four October sessions will explore distribution models, online distribution, competition law and IP protection from a comparative European perspective
Five judgments in eight months: why lower courts keep cutting goodwill compensation, and why Spain’s Supreme Court keeps overturning them (STS 628/2026)
If your goodwill compensation strategy, whether you sit on the agent’s or the principal’s side of the table, still assumes a first-instance discount will hold, it is time to revisit it
When Price Adjustment Clauses Fail in Subscription Bundles: Higher Regional Court of Düsseldorf on Amazon Prime
Price adjustment clauses in general terms and conditions (GTC) are a recurring source of legal disputes, particularly in long-term...
France receives formal notice over delayed transposition of new EU rules on environmental claims
Why businesses should prepare now for the new anti-greenwashing framework The European Commission has sent France a letter of formal notice...
The Withdrawal Button is Coming – Implementation of the EU Withdrawal Function under German Law
The EU has amended the Consumer Rights Directive (Directive 2011/83/EU) to simplify the exercise of withdrawal rights in online...
Vertical Agreement restricting competition
The Italian Competition Authority (AGCM) fined Morellato for implementing a vertical distribution system that restricted online sales and distributor autonomy. The case highlights the competition law risks of marketplace bans, resale price controls and monitoring systems in selective distribution networks.
Technology Transfer Agreements: The TTBER
The new TTBER updates the EU framework for technology transfer agreements, covering licensing, database rights, settlement agreements, technology pools, SEPs, FRAND licensing and Licensing Negotiation Groups, while clarifying how these arrangements can remain compatible with EU competition law.
Shrinkflation in Europe: Comparison between Austria and France
While both jurisdictions pursue the same objective — ensuring that consumers are properly informed when product quantities are reduced — the regulatory approaches adopted differ in several important respects.
Territorial exclusivity in Agency Contracts
This decision is particularly significant, as it recognizes an expansion of the defendants’ liability in actions for damages
Liability of the distributor for damages caused by a defective product
This decision is particularly significant, as it recognizes an expansion of the defendants’ liability in actions for damages
Belgium – Agency – Method for calculating the clientele compensation
To calculate the amount of client compensation, it is not sufficient to simply apply a fair percentage to the legal ceiling of one year.
When walking away from renewal negotiations can create liability in distribution relationships
Ultimately, Swiss law seeks a balanced outcome: it protects serious, good faith negotiations without converting every failed deal into litigation.
Termination of long-term franchise agreements: guidance from the Dutch Supreme Court
Dutch law continues to treat the termination of long-term franchise agreements as a matter requiring substantive fairness, not merely contractual compliance.
Defining the boundaries of the Dutch Franchise Act: four recent judgments
Looking at these four decisions together, several broader trends in Dutch franchise case law up to 2026 can be observed…
Understanding Distribution in a Changing Market: DLN’s Comparative Legal Study
The Comparative Legal Study on Distribution Models, published by the Distribution Law Network (DLN), brings together insights from leading European law firms to compare how these models operate across major jurisdictions. It highlights their key advantages, challenges, and legal implications, offering practical guidance for businesses seeking the most effective and compliant path to market.
Unfair trade practices in Agriculture and Food Supply Chain Act
The Directive sets minimum harmonised rules on prohibited practices across the EU; Member States may adopt stricter measures but may not provide lower levels of protection than the Directive.
Following up on the EC’s antitrust push against the likes of Guess, Gucci, Chloé, Loewe, now comes the CNMC in Spain in the area of hair care: Decision of 3 December 2025, I.C.O.N., file S/0015/23 on resale price maintenance (RPM).
Although ICON claimed to have a small market share, the CNMC determined that the infringement committed by ICON is sufficiently harmful to competition to be considered a restriction of competition by object, regardless of the effects.
The Dutch Franchise Act: from transitional obligations to ongoing compliance
The key lesson is that compliance with the Dutch Franchise Act is not merely a contractual exercise, but an ongoing process that requires attention to transparency, reasonableness and cooperation throughout the franchise relationship.
Jurisdiction and choice-of-law clauses in commercial contracts: why “boilerplate” often decides the case
Within Europe, well-developed instruments align rules on jurisdiction and on the recognition and enforcement of judgments in civil and commercial matters.
Statutory interest and collection costs in The Netherlands in commercial contracts
Since interest rates are periodically adjusted by government decree, it is important for contracting parties to understand not only the applicable rates, but also the underlying legal framework.
Goodwill indemnity in Switzerland: what Article 418u really requires and why outcomes often surprise
The concept seems straightforward. In practice, however, Swiss courts approach these claims with caution, and the Swiss framework differs in several important respects from the EU approach.
The EU’s Technology Transfer Block Exemption Regulation Draft
The draft EU Technology Transfer Block Exemption Regulation, published on 16 September 2025, updates the competition law framework for technology licensing, addressing emerging issues such as data licensing, patent pools, pay-for-delay settlements, and new negotiation structures in innovation-driven markets.
The abuse of economic dependence in franchise agreements: Decision of the Italian Supreme Court, June 4, 2025, n. 15023
In decision n. 15023 of 4 June 2025, the Italian Supreme Court clarifies that abuse of economic dependence in franchise agreements must be assessed not only on contractual terms, but also on the broader economic context, including whether the franchisee had real market alternatives.
Statutory Payment Terms
Under the amended legislation, large enterprises may no longer agree payment terms exceeding 30 days in commercial relationships where they act as customers and the SME acts as supplier and creditor. Any contractual clause providing for a payment term longer than 30 days is void, and a 30-day payment term applies by operation of law.
Franchising agreement: Decision of Tribunale Di Nola (Neaples), 28.02.2025, n. 659
In a franchising agreement, the absence of a detailed specification of know-how does not automatically render the agreement null and void when this element does not constitute, in the intentions of the parties, a necessary and essential component of the agreement.
Nullity of an exclusive purchasing agreement for excessive duration
On 28 February 2025, the Bourges Court of Appeal annulled a six-year exclusive purchasing contract between a café operator and a wholesaler. As the non-compete obligation exceeded the five-year limit under EU rules, the agreement was deemed contrary to competition law and void.
New informal guidelines from the French Competition Authority for sustainable development
In January 2025, the French Competition Authority reviewed the COVALO agroecology project, warning of risks like exclusion, data-sharing, and market distortion. The case shows that green initiatives must still align with competition rules.
Fight against food waste – a priority for companies
Since the Garot law of 2016, reinforced with the AGEC law, dated February 10th, 2020, agri-food industries must commit to fight against food waste. The aim is to reduce, sort and recycle waste, in priority in the sectors of mass catering and mass retail.
No sudden termination of commercial relations
On 19 March 2025, the French Supreme Court ruled that Décathlon’s 35-month notice and gradual order reduction did not constitute a “brutal breach,” confirming that long notice periods can justify phased contract terminations.
Territorial exclusivity under EU law: the Beevers Kaas ruling (C-581/23) insists on real parallel active sales restrictions
The Beevers Kaas judgment raises the bar for legally compliant exclusive distribution in the EU. Relying on the mere fact that other distributors do not actively sell in a territory is not enough.
Belgium – New protections for franchisees: what will change in 2025
From March 2025, franchisees in Belgium—especially in the food retail sector—will benefit from stronger legal safeguards. New rules mandate clearer pre-contractual disclosures and ban unfair terms, such as forced operation at a loss or abrupt termination. The reform aims to rebalance franchisor-franchisee relationships and promote fairer, more transparent agreements.
The responsibility of the influencer in the digital market
With Resolution No. 197/25/CONS (July 23, 2025), Italy’s AGCOM has introduced binding rules for “relevant influencers”—those with over 500,000 followers or 1M monthly views. The new Code of Conduct sets clear obligations around advertising transparency, protection of minors, and copyright compliance, marking a major shift in influencer accountability.
Spain’s Food Chain Law: Pricing and Payment Terms Remain the Controversial Issues
The constant stream of sanctions published by Spain’s Food Information and Control Agency (AICA) highlights the risks for companies in Spain that have not adapted their processes to the Food Chain Law.
The contract with the influencer
Contracts with influencers may be classified as service, sponsorship, or even agency agreements—depending on the structure. A recent ruling by the Court of Rome (March 4, 2024) recognized an influencer deal as an agency contract, highlighting the importance of how roles, commissions, and obligations are defined.
Franchisor Liability for Aggressive Pricing Practices of Franchisee
Franchising and competition law are a complex branch of distribution law. This article puts a spotlight on a respective German case of unfair competition, which was recently published. The decision deals with the liability of franchisors for unfair commercial practices carried out by their franchisees.
The Implementation of the Directive on the Accessibility Requirements for Products and Services under German Law
On June 28, 2025, the German Accessability Enhancement Act (“Barrierefreiheitsstärkungsgesetz” – “BFSG”) entered into force. It...
