Background

Economic theory of vertical restraints

Economic theory and competition law

Should distributors have more protection?

Vertical restraints put to the test of economic analysis

Structure of distribution law - Book plan

General bibliography

Introduction

Localizing the anticompetitive effects

Effect on trade between Member States

Scope ratione loci

Concept of an undertaking

Intra-group agreements

Scope ratione personae

Applicability of competition law to vertical agreements

Definition of the relevant market

Anticompetitive object or effect

Appreciability threshold

Concept of agreement and concerted practice

Prohibition of vertical restraints

Block exemptions

Individual exemptions and rule of reason

Exemption of vertical restraints

Control of vertical restraints

Prohibition

Exoneration

Restrictive agreements

Principle

Applications

Abuse of dominant position

Exclusive purchase/Exclusive supply

Resale outside network

International agreement

Exclusive distribution agreements

Manufacturer's guarantee

Protection of the brand

Protecting the network against third parties

Relations between the parties

Selective distribution

Hardcore restrictions

Individual exemptions

Rule of reason

Prohibition of restrictive agreements and individual exemptions

Distribution of new motor vehicles : Regulation No 330/2010

After-sales : Regulation No 461/2010

Block exemption

Motor vehicle distribution agreements

Merger control

Franchising

Commercial agency and competition

EU harmonization

International agency

Commercial agents

This book provides a wide-ranging review of the European rules relating to distribution: exclusive purchase and exclusive supply, exclusive and selective distribution, motor vehicle distribution, franchises, commercial agents.

European Distribution Law

ROTHNIE, Parallel Imports, Sweet & Maxwell, 1993; BOGAERT & LOHMANN, Commercial Agency and Distribution Agreements: Law and Practice in the Member States of the European Union, Kluwer, 2000; KORAH & O'SULLIVAN, Distribution Agreements Under the EC Competition Rules, Hart Publishing, 2002; MENDELSOHN & ROSE, Guide to the EC block exemption for vertical agreements, Kluwer Law International, 2002; HAYS, Parallel importation under European Union law, Thomson/Sweet & Maxwell, 2004; HILDEBRAND, Economic Analyses of Vertical Agreements. A Self-Assessment, Wolters Kluwer, 2005; HESSELINK, RUTGERS, BUENO DIAZ, SCOTTON, VELDMANN, Commercial Agency, Franchise and Distribution Contracts. Principles of European Law - Study Group on a European Civil Code, Stämpfli, 2006; VANDERELST, Vertical Agreements and the EC Competition Rules, Oxford University press, 2006; MARCO COLINO, Vertical Agreements and Competition Law. A comparative study of the EU and US regimes, Hart Publishing, 2010; GOYDER, EU Distribution Law, Hart Publishing, 5th ed., 2011; WIJCKMANS & TUYTSCHAEVER, Vertical Agreements in EU competition law, Oxford University Press, 2nd ed., 2011; GHEUR  & PETIT (ed.), Vertical Restraints and Distribution Agreements under EU Competition Law, Bruylant, 2012; BELLIS & BENEYTO PEREZ (ed.), Reviewing Vertical Restraints in Europe: Reform, Key Issues and National Enforcement, Bruylant, 2012; CHRISTOU, Drafting Commercial Agreements, Sweet & Maxwell, 5th ed., 2013; MARTINEK & FLOHR, European Distribution Law: A Commentary, Beck/Hart Publishing, 2015.

1. General bibliography