The Impact of the New Vertical Block Exemption Regulation in the Fashion and Luxury Sector

Luca Chiama, Group Legal Director, Prada
Francesco Carloni, Partner, K&L GATES

Confronted with major challenges and developments in the retail sector such as the Covid-19 pandemic and an increased importance of the online sales channel, fashion and luxury brands naturally aim to make their distribution system more efficient and to boost their trademark by entering into a variety of vertical agreements with their distributors and retailers. Such vertical agreements may expose them to the scrutiny of the European Commission (hereinafter, “Commission”) and national competition authorities. The assessment of whether such agreements are compliant with competition law rules has, therefore, become increasingly important for luxury brands.

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Belgium Italy Competition Retail September 2022 Vol.15, No. 60, Summer 2022

Luca Chiama

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Francesco Carloni

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Francesco Carloni is a partner in the firm's Brussels and Milan offices where he is a member of the antitrust, competition & trade regulation practice group.Francesco has extensive experience in notifying mergers and joint ventures with the European Commission and national competition authorities in Europe,coordinating the notification of international transactions globally, and advising on all aspects of antitrust law, including vertical agreements, anti-cartel enforcement, collaborative arrangements,unilateral conduct, e-commerce, EU sector inquiries, public consultations, and state aid. He has been involved in some of the most high-profile and complex merger control cases, including in-depth (Phase 2) investigations and remedies.He offers compliance training and develops customized compliance programs adapted to clients' specific risk profiles. He has extensive experience in the fashion and luxury sector where he represents a number of the most iconic brands globally.He advises leading corporations in a variety of sectors including fashion and luxury, pharmaceutical, IT, digital maps, telecommunications, aviation, chemicals, liner shipping, food, dairy and automotive industries. A New York and Italian-qualified lawyer, Francesco graduated from the University of Rome 'La Sapienza' and received two LLMs from the College of Europe, Bruges, and Georgetown University Law Center, where he was a Fulbright scholar.

K&L GATES

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K&L Gates is one of the largest law firms in the world with more than 45 offices located in key capital cities and world commercial and financial centres spanning five continents. Its many offices operate as one firm, offering clients local market knowledge and access to both national and international capabilities.

Prada

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Belgium Italy Competition Retail September 2022 Vol.15, No. 60, Summer 2022

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