Vertical Restraints in the Digital Economy

Vertical Restraints in the Digital Economy
Author: Adina Claici
Publisher: Kluwer Law International B.V.
Total Pages: 156
Release: 2021-05-21
Genre: Law
ISBN: 9403532440

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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.

Vertical Agreements in EU Competition Law

Vertical Agreements in EU Competition Law
Author: Frank Wijckmans
Publisher: Oxford University Press, USA
Total Pages: 428
Release: 2011-11-10
Genre: Law
ISBN: 0199696411

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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 Restraints Under EU Competition Law

Vertical Restraints Under EU Competition Law
Author: Nicolas Petit
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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The purpose of this paper is to provide a full account of the new European rules on distribution agreements adopted in April 2010, i.e. Regulation 330/2010 and its concomitant Guidelines on Vertical Restraints. In doing so the paper covers all aspects of the law in this field - with the notable exception of agency agreements - and discusses the development of the law since the 1960s to the present day. Such development is principally characterised by an increased focus on the economic effects produced by vertical restraints and a movement away from a strict form-based approach. The paper is divided into five sections. Following a short introduction, section II sets out the different types of vertical restraint commonly found in commercial contracts of a vertical nature and the theories of harm (such as risks of foreclosure and collusion) and pro-competitive effects ascribed to them under EU competition law. Section II discusses not only those types of vertical restraint that one may traditionally come across - such as resale price maintenance clauses - but also discusses two novel areas, namely upfront access payments and category management agreements which relate to the issue of buyer power. Section III offers a step-by-step overview of the method that in our eyes ought ideally be followed by agencies, firms and their legal counsels when engaging in a self asssessment - in the post notification era - of vertical agreements under Article 101 TFEU. Section IV deals with the issue of online distribution, which sparked intense controversy during the stakeholder consultation process. In line with commercial reality and the ubiquity of online commerce it is in our opinion entirely appropariate that the new law on vertical restraints now provides extensive guidance on the issue. Finally a brief conclusion is provided in section V.

Regulating Vertical Agreements

Regulating Vertical Agreements
Author: Maria Fernanda Caporale Madi
Publisher: Kluwer Law International B.V.
Total Pages: 224
Release: 2020-10-09
Genre: Law
ISBN: 9403526513

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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.

Vertical Agreements and Competition Law

Vertical Agreements and Competition Law
Author: Sandra Marco Colino
Publisher: Bloomsbury Publishing
Total Pages: 222
Release: 2010-01-02
Genre: Law
ISBN: 1847315615

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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.

Vertical Restraints and Distribution Agreements Under EU Competition Law

Vertical Restraints and Distribution Agreements Under EU Competition Law
Author: Charles Gheur
Publisher: Emile Bruylant
Total Pages: 287
Release: 2011
Genre: Antitrust law
ISBN: 9782802729518

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This book is about the European rules governing distribution agreements, adopted in April 2010. Providing an exhaustive analysis of both EU regulation 330/2010 and the guidelines on vertical restraints, it also contains valuable contributions by eminent lawyers and economists.

Guide to the EU Block Exemption for Vertical Agreements

Guide to the EU Block Exemption for Vertical Agreements
Author: Martin Mendelsohn
Publisher: Kluwer Law International B.V.
Total Pages: 304
Release: 2002-01-01
Genre: Business & Economics
ISBN: 904119813X

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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.

Green Paper on Vertical Restraints in Ec Competition Policy

Green Paper on Vertical Restraints in Ec Competition Policy
Author: Basav Sen
Publisher: DIANE Publishing
Total Pages: 97
Release: 1999-07
Genre:
ISBN: 0788175203

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Reviews EU policy towards vertical restraints -- agree. between producers & distributors that can be used pro-competitively to promote market integration & efficient dist. or anti-competitively to block integration & competition. Addresses the structure of distribution, economic analysis of vertical restraints & the internal market, current procedures & institutional framework, current rules for vertical restraints, & advantages of the present system. Makes a comparison of community law with member state & third country laws applicable to vertical restraints, examines the results of fact finding, & presents options based on the study analysis.

EU Competition Law

EU Competition Law
Author: Mario Siragusa
Publisher:
Total Pages: 0
Release: 2020-07-15
Genre: Antitrust law
ISBN: 9789491673009

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This new volume analyzes in considerable detail the antitrust issues arising from vertical restraints and presents a comprehensive map and critical assessment of current enforcement practice in the European Union. The purpose of the book is to provide extensive guidance to practitioners, businesses, and researchers, as well as to contribute to the ongoing debate on the application of EU competition rules to distribution and other vertical agreements. The book contains thoughtful contributions written by leading practitioners and scholars from different countries, which address the general framework for assessing vertical restraints and cover a wide range of vertical practices. After discussing the pro-competitive rationale, the potential negative effects of vertical restraints, and the introduction of an economic approach by the Commission, the book examines the block exemption regulation and critically reviews the limits of the 2010 revision of EU rules on vertical restraints. It then explores in detail the enforcement practices concerning the most commonly used vertical restrictions and specific agreements entered into by firms situated at different levels of the production chain. In particular, the book provides an extensive review of the issues raised by the individual assessment of resale price restrictions, exclusive distribution and customer allocation, selective distribution, single-branding, tying, upfront access payments, and category management. Specific chapters are also devoted to franchising, agency, and sub-contracting agreements. The book's continuous references to economic analysis insights, as well as the comparisons with the experiences of other legal systems, contribute to its value and usefulness. (Series: EU Competition Law - Vol. 6)

Resale Price Maintenance and Vertical Territorial Restrictions

Resale Price Maintenance and Vertical Territorial Restrictions
Author: Barbora Jedlicková
Publisher: Edward Elgar Publishing
Total Pages: 379
Release: 2016-03-25
Genre: Law
ISBN: 1783477741

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Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.