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
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
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.
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.
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.
