Vertical Agreements And Competition Law
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Vertical Agreements In Eu Competition Law
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Author : Frank Wijckmans
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-11-10
Vertical Agreements In Eu Competition Law written by Frank Wijckmans and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-10 with Law categories.
Providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements, including the new general block exemption regulations and the Vertical Guidelines, this book is an indispensible tool for all practitioners active in the drafting or reviewing of vertical agreements.
Vertical Agreements And Competition Law
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Author : Sandra Marco Colino
language : en
Publisher:
Release Date : 2022
Vertical Agreements And Competition Law written by Sandra Marco Colino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Commercial law categories.
"This book explores the legal framework for vertical supply and distribution agreements under the competition law regimes of the United States (US), the European Union (EU), the People's Republic of China (PRC) and Hong Kong. The fierce scholarly debate relating to the treatment of vertical relationships between businesses operating at different levels of production or distribution is fuelled both by ideology and by the mixed effects these restrictions may have on competition. As a consequence, it is one of the areas in which the influential Chicago and Harvard Schools disagree most vehemently. The opposed views have resulted in significant swings in the law and policy affecting these contracts in the US and the EU, two of the world's most experienced antitrust jurisdictions. In China, where competition legislation was adopted only in 2007, vertical restrictions have already attracted the attention of both public and private enforcers. It remains to be seen how the Hong Kong Competition Ordinance, in force only since 2015, will be applied to vertical agreements. The book re-visits this classic dispute with the aim of providing a thorough understanding of the controversy and the merits of the solutions explored over decades of competition law enforcement in the US and the EU. It also assesses the validity of those solutions for younger antitrust regimes by focusing on China, one of the most active new jurisdictions, and Hong Kong, which is just beginning to develop. Chapter 1 considers the mixed effects of vertical agreements and the goals of competition policy. Chapter 2 highlights the influence of policy and economics in the law, and explores the prominent schools of thought which have shaped the current regulatory framework for vertical agreements. Chapter 3 assesses of the extent to which economic analysis should play a role in competition policy towards these restrictions. Chapter 4 covers the relevant enforcement and procedural issues, and Chapter 5 attempts to reconcile the development of an economic, effects-based approach with the attainment of other goals of antitrust affecting the relationship between suppliers and buyers."--
Vertical Agreements And Competition Law
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Author : Sandra Marco Colino
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-01-02
Vertical Agreements And Competition Law written by Sandra Marco Colino and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-02 with Law categories.
This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to the decentralisation of Article 81(3) and the removal of the notification requirement. In like manner, in the US the Supreme Court has gradually taken vertical restraints out of the per se illegality rule. What Sylvania achieved in placing non-price vertical restraints under the rule of reason in the late 1970s, the Khan judgment did for maximum resale price maintenance in 1997, whilst most recently and most significantly in 2007 the Leegin case followed suit for minimum resale price maintenance. The book is divided into four chapters. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks, and how these theories shape antitrust policy. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with what commentators and regulators have identified as a key role for competition policy, redressing assumed imbalances between dealers and manufacturers. The author concludes by querying the prevailing logic of protecting sectoral interests above the competitive process.
Guide To The Eu Block Exemption For Vertical Agreements
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Author : Martin Mendelsohn
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2002-01-01
Guide To The Eu Block Exemption For Vertical Agreements written by Martin Mendelsohn and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-01 with Business & Economics categories.
The revised EC policy on the application of competition law to vertical agreements is one of the most important developments in EC anti-trust for many years. The block exemption regulation, which came into effect on 1 June 2000, and the accompanying policy changes are crucially important for companies doing business in the European Union. Whichever route a business chooses to get its products to market, it needs to understand the impact of the EC rules. This guide provides a comprehensive and practical commentary on the new rules. The work contains the full text of the block exemption regulation, accompanying guidelines and other relevant Commission notices. Issues covered include: background to EC competition law and its application to vertical agreements; in-depth analysis of the provisions of the block exemption regulation; examination of how the rules apply to exclusive distribution; and selective distribution, franchising and agency agreements. The authoritative and in-depth analysis of the guide will be invaluable to in-house counsel, business people and practitioners involved in or advising on the distribution of goods or services in the EU.
Economic Analyses Of Vertical Agreements
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Author : Doris Hildebrand
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Economic Analyses Of Vertical Agreements written by Doris Hildebrand and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
Since the EC Block Exemption Regulation (BER) went into force in June 2000, companies are required to undertake a self-assessment of the possible consequences of their vertical agreements that is, of agreements that arise in a channel of distribution between firms at different levels of trade or industry, i.e., between a manufacturer and wholesaler, between a supplier and customer, or between a licensor of technology and his licensee. Such an assessment can be extremely complex. Although the European Commission has issued regulatory guidelines to facilitate the self-assessment process, there can be little doubt that the in-depth analysis and guidance provided in this book will be greatly welcomed by business people and their counsel. Economic Analyses of Vertical Agreements clarifies the steps, tests, determinations, and evaluations entailed in assessing vertical agreements, especially when an individual examination under Article 81 EC Treaty is required (as it is for all companies with more than a 30% market share in a relevant market). Among the terms and factors thoroughly explained, from the various pertinent points of view, are the following: vertical restraints and their components;exclusive and selective distribution agreements;channel strategies;single branding;free rider rationale; and,the European structured rule of reason in Article 81 EC Treaty The presentation is particularly notable for its wide-ranging discussion of types of vertical restraints and combinations of vertical restraints and how each is impacted by the new vertical agreement rules. The author also discusses the relevant case law of the EC Courts. Companies doing business in Europe and their legal and economic advisers will find here an absorbingly detailed overview of requirements and procedures, a clear analysis against which to measure strategic choices, and an enormously useful handbook to consult at every turn for expert guidance through the assessment of their vertical agreements.
Regulating Vertical Agreements
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Author : Maria Fernanda Caporale Madi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-10-09
Regulating Vertical Agreements written by Maria Fernanda Caporale Madi and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-09 with Law categories.
Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.
Eu And Us Competition Law Divided In Unity
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Author : Csongor István Nagy
language : en
Publisher: Routledge
Release Date : 2016-04-22
Eu And Us Competition Law Divided In Unity written by Csongor István Nagy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited. Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.
Vertical Restraints In The Digital Economy
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Author : Adina Claici
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-05-21
Vertical Restraints In The Digital Economy written by Adina Claici and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-21 with Law categories.
Vertical agreements between undertakings at the various levels of a supply chain have long been seen as a fundamental focus for antitrust legislation, such as the European Union’s Vertical Block Exemption Regulation (VBER). It goes without saying that such issues are particularly prevalent in digital markets. This authoritative commentary analyses the main restrictions in vertical agreements, emphasising the numerous new and contentious issues arising in the context of Internet distribution. It offers both legal and economic perspectives, as well as examines enforcement and possible changes to the legislation. The contributors – leading competition authority officials, lawyers, economists, and academics – provide in-depth discussions of topics that have emerged as areas for conscious policy choices, including the following: restrictions of online sales; price parity obligations; resale price maintenance; the duration of non-compete obligations; sustainability agreements; geo-blocking practices; and restraint of trade in pharmaceuticals. The contributions have emerged from the 2020 conference of the Global Competition Law Centre at the College of Europe in the context of the currently ongoing review of the VBER and vertical guidelines. With its multidisciplinary approach highlighting the efficiencies and harms caused by the restrictions at stake, this important book clearly shows how law and practice apply to specific issues relating to digital markets and how the law is likely to change in the near future. It will be of immeasurable value to lawyers and officials concerned with European competition law and academics in the field.
Competition Policy And Vertical Restraints
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Author : Organisation for Economic Co-operation and Development
language : en
Publisher: OECD
Release Date : 1994
Competition Policy And Vertical Restraints written by Organisation for Economic Co-operation and Development and has been published by OECD this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Business & Economics categories.
Competition Law And Policy In The Eu And Uk
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Author : Barry J. Rodger
language : en
Publisher: Routledge
Release Date : 2014-09-19
Competition Law And Policy In The Eu And Uk written by Barry J. Rodger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with Law categories.
Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the EU and UK, including topics such as enforcement, abuse of dominance, anti-competitive agreements, cartels, mergers, and market investigations. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy to follow overview of the subject for course use. The fifth edition provides a full update for this well-established title, presenting and contextualising the impact of key cases, as well as changes to enforcement practice, and at a legislative and institutional level. There are new, separate chapters in this edition on private enforcement and UK market investigations to reflect the increasing significance of these key areas of competition law practice. Competition Law and Policy in the EU and UK integrates useful pedagogical features to help clarify topics and reinforce important points: chapter overviews and summaries highlight the key points to take away from each chapter to structure student learning discussion questions facilitate self-testing and seminar discussions of the major issues covered in each chapter, to help reinforce understanding of these topics further reading lists additional resources in order to guide research and develop subject knowledge a new glossary provides succinct explanations of competition law terminology, ideal for those studying the topic for the first time Clear, focused and student-friendly, this title offers a comprehensive resource for students taking competition law courses, and is supported online by updates to the law offered on Angus MacCulloch’s blog, Who’s Competing (http://whoscompeting.wordpress.com/).