The present report not only refers to the agency and distribution agreements, but also covers selective distribution and franchise agreements.
As regards agency contracts, the issue regarding the so-called ‘genuine agents’ have been updated, taking into account the recent judgements of the Court of Justice issued on December 14, 2006 (case C-217/05) as well as on September 11, 2008 (case C-279/06).
Moreover, two new sections have been added, the first one (Section D) concerning selective distribution agreements, and the second one (Section E) regarding franchise agreement.
Finally, an important issue is now dealt with in the Report, which concerns Internet sales made by members of selective distribution as well as of franchising network. Particularly, §§ 8.2.5 and 10.3.8 describe the new trend of the Competition Authorities of some member States (e.g. the French and the Danish Competition Authorities).
The text of all the judgements of the European Court of Justice and of the Tribunal of First Instance, as well as all the decisions of the European Commission mentioned in the IDI Report can be found in the database of the EC Judgements and Decisions (in the Eu Section of the IDI website).
IDI Editorial Board