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

Since 1 June 2010, the motor vehicle sector has been governed by different systems depending on whether the activity relates to the distribution of new motor vehicles or the distribution of spare parts and/or the supply of repair and maintenance services. According to the Commission, agreements providing for the distribution of spare parts and agreements providing for repair and maintenance services are so specific that they must be cumulatively subject to the vertical restraints and to provisions specific to them and described in Regulation No 461/2010 of 27 May 2010. The distribution of new motor vehicles remained subject to Regulation No 1400/2002 until 1 June 2013 . It now comes under the scope of the general regulation on vertical restraints .

See Regulation No 461/2010, at pt 10 et seq.

Regulation No 330/2010 of 20 April 2010, now replaced by Regulation No 2022/720 of 10 May 2022.

Dual system

84. Dual system