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.
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
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.
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.
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.
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.
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.
