The impact of the judgment in Case C-211/22 Super Bock on the assessment of vertical pricing agreements
The impact of the judgment in Case C-211/22 Super Bock on the assessment of vertical pricing agreements

Summary/Abstract: The article discusses the impact of the judgment of the Court of Justice of the European Union (CJEU)in the Super Bock case (C-211/22) on the assessment of vertical pricing agreements under EUcompetition law. The judgment underscores the need to apply an economic approach when as-sessing whether an agreement, which provides for the setting of fixed or minimum resale prices,constitutes a restriction of competition ‘by object’. In this judgment, the CJEU rejects the previousformalistic approach – present in the practice of the EC and NCAs – which automatically quali-fied RPMs as anti-competitive, without analyzing its economic and legal context. The article alsoanalyzes the practical implications of the judgment for NCAs, including the President of UOKiK.

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