EU competition law and commercial agreements

Analysing vertical agreements under Article 101 TFEU

Practice Note: Introduction to the application of Article 101 TFEU to vertical agreements is intended to serve as an introduction to the application of Article 101 TFEU to vertical agreements. It provides a summary of: (i) what a vertical agreement is; (ii) the application of Article 101 TFEU and key exemptions from its application; and (iii) the main types of vertical agreements and how Article 101 TFEU might apply to each of them.

Practice Note: Key EU competition law issues in distribution/reseller agreements sets out the key EU competition law issues arising in distribution/reseller agreements. It is aimed primarily at commercial and IT lawyers undertaking the competition law analysis themselves (especially in-house lawyers without specialist competition lawyers to hand) but also as a reference point for competition lawyers providing full advice to their clients. It sets out: (i) a brief overview of EU competition law applicable to vertical agreements; (ii) general considerations when carrying out an initial analysis of a distribution/reseller agreement; and (iii) particular issues, with drafting tips to help avoid pitfalls. It focuses on

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Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

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