In every distribution relationship, information is exchanged between the supplier and the buyer. On June 1, 2022 the new EU Vertical Block Exemption Regulation (VBER) and Vertical Guidelines came into force, replacing the previous rules from 2010, and bringing important new regulation and guidance regarding information exchange in distribution agreements.

In addition, the EU Draft Horizontal Guidelines (2022), once adopted, will cover information exchange regarding a number of agreements between competitors.

This document aims at visualizing the different levels of treatment of information exchange in distribution agreements and arrangements for the supply of products or services – in a practical and accessible way. The legal criteria depend on the competitive relationship between the parties and go from rather liberal to strict.

This document does not constitute legal advice.