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

Article 101(3) TFEU provides that paragraph 1 of the same may be declared inapplicable where four cumulative conditions - two positive and two negative - are met. The agreement must (i) contribute to improving the production or distribution of goods or to promoting technical or economic progress, (ii) while allowing consumers a fair share of the resulting benefit (iii) without imposing on the unde …

Exemption conditions 

Article 101(3) TFEU provides that paragraph 1 of the same may be declared inapplicable where four cumulative conditions - two positive and two negative - are met. The agreement must (i) contribute to improving the production or distribution of goods or to promoting technical or economic progress, (ii) while allowing consumers a fair share of the resulting benefit (iii) without imposing on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives, and (iv) not afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

The Commission has produced guidelines relative to the application of Article 101(3) TFEU setting out a system for the application of the provision on the basis of the “effects-based” approach, introduced and developed in the Guidelines on Vertical Restraints. The provision restates that, by virtue of Article 1 of Regulation No 1/2003 of 16 December 2002, no prior decision is necessary to proceed to a finding of the inapplicability of Article 101(1) TFEU, where all the conditions of paragraph 3 have been met.

An undertaking wishing to benefit from the Article 101(3) TFEU exemption must provide proof that it fulfils the four cumulative conditions. However, the relevant factual arguments or evidence, which are reliable and convincing given their content, and provided by the undertaking, may require the Commission to give an explanation or justification, otherwise the burden of proof will have been satisfied. According to the Commission, the positive and negative effects of an agreement can only, in principle, offset each other if they are produced on the same market. However, individual exemption may be granted even when the beneficial consequences occur on a geographic market different than the one on which the agreement produces its effects.

The exemption is granted for a limited duration, which can be between three years to more than ten years. The duration depends on various factors, such as the time needed to limit the harm to competition or to launch the marketing of a new service.

European Distribution Law

42. Exemption conditions

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Sous parties

Les notions juridiques connexes

42. Exemption conditions

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

Sous parties

Les notions juridiques connexes

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