International Agency Agreement: competent jurisdiction
Italian Supreme Court decision n. 25588 of September 21, 2026
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
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.
