La distribución tradicional y onlinela distribución dual

Resumen

On 10 May 2022, Regulation (EU) 720/2022 on the application of Article 101(3) TFEU to categories of vertical agreements and concerted practices was published. Among the most significant new features introduced by the Regulation is the regulation of dual distribution. Dual distribution is a situation in which a manufacturer decides to distribute its products directly (using its own distributors) and, at the same time, to contract with independent distributors (who have no ownership relationship with the manufacturer). Indeed, in dual distribution, the manufacturer competes at two levels: on the one hand, at the manufacturer level - it competes with other firms producing potentially substitutable products - and, on the other hand, at the distribution level - it competes with independent distributors in the sale of its products. Consequently, this paper studies, firstly, the nature of the distribution contract both in Spanish law and in comparative law. Secondly, it analyses the main issues related to the online distribution model, firstly, an exhaustive study of digital platforms or marketplaces, analysing their characteristics, their types and the parties involved in them, secondly, it examines the possibility of classifying the contract between digital platforms and the seller or service provider as a distribution contract, analysing its contractual content and how it fits in with Regulation (EU) 2019/1150. Finally, it concludes with an in-depth analysis of the dual distribution system, as well as a study of the exchanges of information that take place in a dual distribution system.