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SJ Berwin advises on the Office of Fair Trading´s first ever written opinion
After several years of investigating the existing commercial arrangements between newspaper and magazine publishers and wholesalers, the OFT this week published its first ever written opinion providing non-binding guidance on the legality of such arrangements. In order to ensure the widest possible availability of newspapers and magazines, these commercial arrangements provide wholesalers with "absolute territorial protection" in exclusive territories. The OFT intends that the written opinion is used as a framework for publishers and wholesalers to “self-assess” the legality of their distribution agreements. Led by partner Simon Holmes and assisted by associate Gordon Christian, SJ Berwin's EU & Competition team made the initial request for the written opinion. SJ Berwin also advised a wide variety of industry players throughout the OFT's inquiry, including in particular the Periodical Publishers Association. Simon Holmes, head of EU & Competition at SJ Berwin in London commented: "We are delighted to have played a leading role in obtaining what is not only the first written opinion in the UK, but what is also understood to be the first post-modernisation guidance to have been published by a competition authority anywhere in Europe."
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