Distribution agreements under the EC competition rules

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書誌事項

Distribution agreements under the EC competition rules

Valentine Korah and Denis O'sullivan

Hart, 2002

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内容説明・目次

内容説明

Professor Korah's short monographs on specific topics within EC Competition law are well known and widely used. This work follows the pattern of her previous books on group exemptions for technology transfer and parallel imports. It examines the regulation on vertical agreements,starting with a chapter on the economic background, before developing, in a series of chapters, a careful analysis of vertical agreements and all the relevant case law. A further chapter deals with agreements which do not come within the regulation, again paying careful attention to the case law.

目次

  • Part 1 Economic considerations: business considerations - ways of bringing products to the market
  • economic considerations
  • buyer power. Part 2 The law before 2000 - article 81: introduction to article 81
  • exclusive distribution and "Consten & Grundig"
  • exhaustion of intellectual property rights
  • the wide application of article 81(1) by the commission in the early years
  • invalidity of contractual provisions and uncertainty
  • the commission's former views
  • the views of the ECJ and CFI
  • case law on marketing under article 81
  • tying
  • the adoption of successive regulations exempting distribution agreements and the green paper. Part 3 The group exemption: status of recitals and guidelines
  • joint dominant position
  • regulation of 2790/00. Part 4 Hard core restraints: resale price maintenance
  • territorial and customer protection
  • selective distribution
  • components
  • conclusion on article 4. Part 5 Single branding: introduction - objections to single branding
  • obligation in vertical agreements that are not exempt. Part 6 Miscellaneous provisions: withdrawal of exemption
  • calculating market share and turnover
  • "connected undertakings"
  • transitional provisions
  • entry into force. Part 7 Distribution agreements outside the block exemption: distribution agreements which fall outside regulation 2790/99
  • general options for parties to agreements outside the BER
  • self-assessment and the guidelines on vertical restraints
  • notification
  • distribution of motor vehicles
  • beer supply agreements. Part 8 Conclusion on the regulation and guidelines: wide coverage
  • ceiling of market share
  • no limiting white list
  • list of hard core restraints inappropriate
  • withdrawal of benefit by regulation
  • a rule of reason?
  • conclusion
  • appendices.

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