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Vol 25 No 1 Jan/Feb 2020

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Gypsy and Traveller Law

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Vertical Agreements and EU Competition Law

ISBN13: 9781904501565
Publisher: Richmond Law & Tax Ltd
Country of Publication: UK
Format: Hardback
Price: Publication Abandoned

Vertical agreements between operators at different levels of the distribution chain are more common than any other type of business agreement. In many cases, they restrict intra-brand competition in order to promote inter-brand competition, and antitrust authorities have to balance the benefits of these different forms of competition.

The approach followed under EU competition law in striking this balance has been transformed in recent years. The old, dirigiste policy has been largely swept away in favour of a more permissive approach. However, significant pitfalls and issues remain, and may assume particular commercial significance in the context of the enlargement of the EU with the increased potential for cross-border distribution outside normal channels.

This practical book provides a detailed analysis of the new regime including the block exemptions for vertical agreements and motor industry agreements, the Commission's Guidance and recent cases and decisions.

Competition Law
I. Introduction; A. Distinction between vertical and horizontal agreements; B. Development of EC competition policy in relation to vertical agreements; C. Sources and practical approach; II. Regulation 2790/1999 - General block exemption for vertical agreements; A. General scope; B. Provisions and conduct precluding exemption; III. Regulation 1400/2002 - Block exemption for vertical agreements in the motor vehicle sector; A. General scope; B. Provisions and conduct precluding exemption; IV. Application of article 81 to vertical agreements outside the block exemptions; A. Agents and subcontractors; B. Agreements of minor importance; C. Single branding; D. Exclusive distribution; E. Exclusive customer allocation; F. Selective distribution; G. Franchising; H. Exclusive supply; I. Tying; J. Resale pricing; K. Other examples; V. Application of article 82 to vertical agreements; VI. Vertical agreements in the context of concentrations