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

Prior to the M6 case, an exclusive purchase agreement was not in itself restrictive of competition . This was the case, for example, of an agreement containing a non-compete obligation on the reseller who, for his part, receives assistance from the supplier  or of a beer supply agreement containing an “access clause” leaving the reseller at liberty to purchase competing products in other Member States and to sell products imported by third parties . On the other hand, an exclusive purchase agreement between members of a cooperative of over 90% of the producers in one Member State, which provided for a fine in the event of infringement of the exclusivity or voluntary resignation, appreciably restricted competition in the internal market .

Case 23/67 Brasserie de Haecht (SA) v Wilkin-Janssen [1967] ECR 525, LawLex200400002686JBJ; Case T-61/89 Dansk Pelsdyravlerforening [1992] ECR II-1931, LawLex200500004913JBJ.

Case C-234/89 Delimitis v Henninger Bräu [1991] ECR I-935, LawLex200500003931JBJ.

Commission Decision No 80/234 of 5 December 1979, Rennet, LawLex200400002413JBJ.

52. Rule of reason