Boundaries between unilateral and multilateral conducts in vertical restraints

Vertical restraints, which are illegal under Art.81(1) of the EC Treaty, must take the accepted form of multilateral conducts; particularly agreements, concerted practices or decisions of associations. In contrast to horizontal multilateral conducts, vertical co-operation is, to some extent, necessary. For example, if a manufacturer has no capacity to distribute their products or services then they have to identify distributors for this purpose. They will offer undertakings the opportunity to become the manufacturer's distributors. Once a suitable undertaking accepts the manufacturer's offer, an agreement is concluded. Hence, the relationship between the manufacturer and their distributors is based on an agreement