European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

The adoption of a regulation on vertical restraints, which puts in place an automatic exemption mechanism below the 30% market share threshold in theory makes recourse to the rule of reason pointless in cases where the agreement falls within its scope. Where this is not the case, the lawfulness of certain obligations remains subject to their necessity for the protection of the network. Rules devel …

Rule of reason

The adoption of a regulation on vertical restraints, which puts in place an automatic exemption mechanism below the 30% market share threshold in theory makes recourse to the rule of reason pointless in cases where the agreement falls within its scope. Where this is not the case, the lawfulness of certain obligations remains subject to their necessity for the protection of the network. Rules developed through the EU case law on exclusive supply or post-contractual non-compete obligations retain their influence within this context.

In assessing a franchise agreement in the light of a rule of reason, the Court of Justice laid down the principle by which obligations that are inherent to franchise agreements, although likely to harm competition, are not contrary to Article 101(1) TFEU . The compatible nature of franchise agreements must be assessed in concrete terms according to the clauses written into them and the economic context into which they fall where they are necessary to the protection of the know-how transferred or to maintain the common identity and reputation of the network. This is also the case for exclusive purchase clauses , intended to maintain the identity and reputation of the network  or for non-compete obligations , the duration of which must however be proportionate to the objective of protection of know-know .

Case 161/84 Pronuptia [1986] ECR 353, LawLex200500004110JBJ.

Commission Decision No 89/94/EEC of 2 December 1988, Charles Jourdan, LawLex200500004474JBJ.

Commission Decision No 87/14/EEC of 17 December 1986, Yves Rocher, LawLex200500004449JBJ; No 87/407/EEC of 13 July 1987, Computerland, LawLex200400002440JBJ.

Commission Decision No 87/14/EEC of 17 December 1986, Yves Rocher, LawLex200500004449JBJ; No 88/604/EEC of 14 November 1988, ServiceMaster, LawLex200500005332JBJ.

Case 161/84 Pronuptia [1986] ECR 353, LawLex200500004110JBJ; Commission Decision No 87/14/EEC of 17 December 1986, Yves Rocher, LawLex200500004449JBJ.

European Competition Law

134. Rule of reason

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

134. Rule of reason

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise