Distribution Agreements Under the Ec Competition Rules by Valentine Korah

By Valentine Korah

Professor Korah's brief monographs on particular themes inside of EC festival legislations are popular and everyday. This paintings follows the development of her past books on crew exemptions for expertise move and parallel imports. It examines the law on vertical agreements, beginning with a bankruptcy at the fiscal historical past, prior to constructing, in a chain of chapters, a cautious research of vertical agreements and all the appropriate case legislation. one more bankruptcy bargains with agreements which don't come in the legislation, back paying cautious awareness to the case legislation.

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2 below. 24 Notice on the method of setting fines imposed pursuant to Article 15(2) of Regulation 17 and Article 65 of the ECSC Treaty, 14 Jan 1998, OJ 1998, C9/3, [1998] 4 CMLR 472. 2] Vertical restraints, such as those between a supplier and its dealer, may increase efficiency and competition between the brands of different manufacturers by enabling a supplier to induce its dealers to supply services that may benefit the brand as a whole but which, otherwise, it would not pay any individual dealer to provide.

Where there is vigorous inter-brand competition it may ensure that the “protected” dealer is forced to provide services desired by consumers as effectively as possible. 4 below). Vertical restraints on the supplier and those the supplier imposes on one dealer to protect another affect intra-brand competition and may interfere with the integration of the common market. Where prices differ substantially in different member states and exclusive territories with a supporting ban on dealers actively seeking customers outside the territory as defined by state boundaries, the export ban may make it more difficult for customers in the Member State where prices are higher to buy their products from dealers in the Member State where prices are lower.

Indeed, a company, having no physical attributes, can act only through agents. The Commission considers that an exclusive agreement with an Agent is not made between undertakings independent of each other and subject to Article 81 because the agent constitutes part of its principal’s undertaking. 2 below). To come within the concept of agency recognised by EC competition law, which however is narrower than that of commercial law generally, it is not sufficient to comply with the requirements of national law.

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