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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Court of Justice of the EU rules on (un)fairness of profit-sharing clause in minor athlete’s contract

EU Law analysis: In a landmark ruling, the Court of Justice recently affirmed the applicability of EU consumer protection law to contracts involving minors in the sports industry. The court found that a contractual term obliging a young athlete to transfer part of his income to a sports talent agency if he becomes a professional athlete may be considered unfair under Directive 93/13/EEC, the EU Unfair Terms in Consumer Contracts Directive (EU UTCCD), if the clause is not plain and intelligible as regards the financial consequences of the commitment. The Court of Justice remains true to its principles on consumer protection issues and emphasizes once again the transparency requirement. As promising talents are being recruited at ever earlier ages, the decision is likely to have significant implications for practitioners particularly in the sports sector but also beyond the industry. While the Court of Justice generally allows such contracts and finds that a disproportion between the provided service and the remuneration does not lead to unfairness per se, talent development professionals must ensure that sports agent agreements with minors are drafted in accordance with consumer protection standards and adequately reflect the long-term interests of the athletes. Written by Robert Briske, M.mel., partner at Osborne Clarke (Berlin, Germany) and Jonas Müter, LL.M. (EMLE), associate at Osborne Clarke (Hamburg, Germany).

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