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Publication

Vertical Arrangements and Restrictions in Europe

ABA Antitrust Law Section, 2024

1 September 2024

Analysis Group Managers Kritika Narula and Zsolt Udvari have published a recap of an American Bar Association (ABA) Antitrust Law Section webinar titled “Vertical Arrangements and Restrictions in Europe.” The panel, moderated by Matthew Adler (Baker Botts) and including Maren Tamke (Dentons), Tobias Kruis (Giesecke+Devrient), and Luis Blanquez (Bona Law), provided an overview of the updated Vertical Block Exemption Regulation (VBER) and its Vertical Guidelines and recent enforcement actions in Europe involving vertical agreements.

During the program, the panelists first outlined the types of vertical agreements that can be exempted from prohibition under the regulation and provided insights into the varying priorities of enforcement agencies across Europe related to vertical constraints. Next, they discussed several common vertical restraints, including dual pricing, dual distribution, resale price maintenance and most favored nation clauses, and whether and how the VBER provides insights or clarifications about regulations concerning these agreements. The program explored several recent enforcement actions related to vertical exemptions in the EU that may inform future applications of the VBER and Vertical Guidelines. The panel concluded with a discussion of a hypothetical US-based widget maker looking to expand its business to Europe, with the panelists sharing practical advice centered around the implications of dual distribution under the updated VBER.

Associated People

Kritika Narula

Kritika Narula

Dr. Narula specializes in the application of microeconomics, econometrics, and statistical methods to the analysis of antitrust issues and complex commercial disputes. She has supported clients and academic experts in all phases of litigation, including discovery, expert report preparation, and testimony. Dr. Narula’s work in complex litigation matters has spanned a range of industries such as health care, pharmaceuticals, and digital platforms. Her academic research has been published in Management Science.

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Zsolt Udvari

Zsolt Udvari

Dr. Udvari specializes in applying economic theory and econometrics to antitrust and litigation matters. His expertise lies particularly in assessing abuse of dominance within the digital domain using both established and novel economic theories and empirical analyses. He also has experience in merger assessment, litigation, and state aid matters. Beyond the digital sector, Dr. Udvari’s industry insights extend to retail fuel, telecommunications, chemicals, card payment systems, airlines, and various other sectors. His experience includes high-profile cases before the European Commission such as the MOL/OMV Slovenija Phase II merger and Slack’s complaint against Microsoft Teams. Prior to joining Analysis Group, Dr. Udvari worked for a Brussels-based economic consultancy and was a postdoctoral researcher and lecturer at the Université Libre de Bruxelles.

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