How does Dutch competition law affect vertical agreements?

Dutch term: Mededingingsrecht / verticale overeenkomsten | Legal basis: Mededingingswet + EU VBER

Vertical agreements (distribution, agency, franchise, supply) are subject to Dutch and EU competition law. The EU Vertical Block Exemption Regulation (VBER, Regulation (EU) 2022/720) provides a safe harbour for most vertical restraints up to a 30% market share threshold, subject to a list of hardcore restrictions.

Hardcore restrictions that cannot benefit from the block exemption include resale price maintenance (fixing or imposing minimum resale prices), certain territorial and customer restrictions, and prohibitions on passive sales. Non-compete obligations exceeding five years also fall outside the safe harbour. Online sales restrictions are specifically addressed in the 2022 VBER, with outright bans on internet sales treated as hardcore.

Why it matters for international businesses

For manufacturers and suppliers drafting distribution, agency and franchise agreements for the Dutch and EU market, competition law compliance must be built into the contract from the start.