Briefing update: Commission’s response to the cost-of-living crisis in the EU: tackling cross-border trade restrictions

The European Commission has fined Mondelēz EUR 337.5 million. Mondelēz contractually restricted the cross-border trade of various chocolate, biscuit, and coffee products. The company also abused its dominant position through strategies limiting cross-border sales of chocolate tablets and impeding the free movement of goods in the internal market.

In her remarks, Commissioner Vestager said that the infringements might have ultimately led to higher prices for consumers. Restrictions to parallel trade can lead to the isolation of a national market whereby the manufacturer or supplier can charge higher prices.

But what does this mean for multinational companies in the Agri-Food sector, in the broader FMCG sector and beyond?

Based on this decision as well as similar ones issued in the past, we will share our insights into what companies can do to pursue different marketing strategies in different territories. We will focus on what is allowed under the EU Vertical Block Exemption Regulation and what pitfalls to avoid when being dominant.

We invite general counsels, compliance officers, persons responsible for product distribution management and sales managers who can – consciously or otherwise – disrupt trade across EU Member States.

We are looking forward to meeting you during our webinar next week on 3 July.

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