
Guide to the EC Block Exemption for Vertical Agreements
Description
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Guide to the EC Block Exemption for Vertical Agreements 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, 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.
Martin Mendelsohn, a Solicitor, is Chairman of Eversheds European Franchise Group and is based in Eversheds Solicitors London office. He has been involved in franchising, distribution, agency and licensing transactions for more than 41 years as a lawyer, author, educator and business adviser. He is Visiting Professor at Middlesex University Business School. Mr Mendelsohn has authored and co-authored many publications in the field, and is an Editor of The International Encyclopaedia of Franchising and Editor of the International Journal of Franchising and Distribution Law.
Stephen Rose is a partner at Eversheds solicitors, London, where he specialises in EC and UK anti-trust and competition law, advising a number of household names. Mr Rose has written a book on the UK Competition Act 1998 and is a regular contributor to periodicals and speaker at competition law conferences.
Both authors tracked closely the development of the block exemption regulation and were involved in lobbying the Commission and the Department of Trade and Industry for amendments to the draft legislation.
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Table of Contents
- INTRODUCTION
- CHAPTER 1 EUROPEAN COMPETITION LAW
- INTRODUCTION
- THE BASIS OF EUROPEAN LAW
- AIMS OF THE EC TREATY
- EUROPEAN INSTITUTIONS
- European Parliament
- Council
- Commission
- European Courts
- SOURCES OF EC COMPETITION LAW
- CHAPTER 2 EC COMPETITION RULES
- INTRODUCTION
- ARTICLE 81
- ARTICLE 81(1)
- Agreement between one or more undertakings
- Decisions by associations of undertakings
- Concerted practices
- Effect on trade between Member States
- Restriction, Distortion or Prevention of Competition
- Appreciable effect
- ARTICLE 81(2)
- ARTICLE 81(3)
- ARTICLE 82
- Dominant position
- Abuse
- Effect on trade between Member States
- CHAPTER 3 HISTORY AND REFORM
- INTRODUCTION
- THE GREEN PAPER
- REASONS FOR REFORM
- ECONOMIC ANALYSIS OF VERTICAL RESTRAINTS AND THE SINGLE MARKET
- PROCEDURE AND INSTITUTIONAL FRAMEWORK
- FOLLOW-UP TO THE GREEN PAPER ON VERTICAL RESTRAINTS
- LEGISLATIVE CHANGES
- ONGOING MODERNISATION - THE COMMISSION WHITE PAPER
- CHAPTER 4 UMBRELLA BLOCK EXEMPTION
- INTRODUCTION
- THE PREAMBLE TO THE REGULATION
- THE REGULATION
- Article 1 - Definitions
- Article 2 - The Exemption
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Article 13
- CHAPTER 5 THE GUIDELINES
- INTRODUCTION
- HOW TO APPROACH THE GUIDELINES
- 2. Vertical agreements which generally fall outside Article 81 (1)
- 3. Application of the Block Exemption Regulation
- 4. Withdrawal and disapplication of the Block Exemption Regulation
- 5. Market definition and market share calculation issues
- 6. Enforcement policy in individual cases
- CHAPTER 6 AGENCY AGREEMENTS
- INTRODUCTION
- THE RELATIONSHIP OF "AGENCY
- GENUINE AGENCY AGREEMENTS FALLING OUTSIDE ARTICLE 81(1)
- THE GUIDELINES
- TYPES OF FINANCIAL AND COMMERCIAL RISK
- AGENCY AGREEMENTS OUTSIDE ARTICLE 81(1)
- AGENCY AGREEMENTS WITHIN ARTICLE 81(1)
- CONCLUSION
- CHAPTER 7 FRANCHISING
- THE DEFINITION OF "SELECTIVE DISTRIBUTION SYSTEM
- KNOW-HOW
- NON-COMPETE CLAUSES
- The Franchising Issues
- CHAPTER 8 EXCLUSIVE AND SELECTIVE DISTRIBUTION
- INTRODUCTION
- EXCLUSIVE DISTRIBUTION
- THE APPLICABILITY OF ARTICLE 81(1) TO EXCLUSIVE DISTRIBUTION
- EXEMPTION UNDER ARTICLE 81(3)
- REGULATION 1983/83
- THE REGULATION
- SUMMARY OF THE CHANGES FOR EXCLUSIVE DISTRIBUTION
- AGREEMENTS OUTSIDE THE REGULATION
- EXCLUSIVE CUSTOMER ALLOCATION
- NON-EXCLUSIVE DISTRIBUTION
- SELECTIVE DISTRIBUTION
- QUALITATIVE SYSTEMS OUTSIDE ARTICLE 81(1)
- NATURE OF GOODS
- CRITERIA OBJECTIVELY APPLIED
- CRITERIA MUST BE NECESSARY
- THE REGULATION
- WITHDRAWAL OF THE REGULATION
- SUMMARY OF THE CHANGES FOR SELECTIVE DISTRIBUTION
- SELECTIVE DISTRIBUTION OUTSIDE THE REGULATION
- MOTOR VEHICLES
- CHAPTER 9 CHECKLIST
- APPENDIX A ARTICLE 81 OF THE EC TREATY (EX ARTICLE 85)
- APPENDIX B COMMISSION REGULATION (EC) NO 2790/1999
- APPENDIX C COMMISSION NOTICE - GUIDELINES ON VERTICAL RESTRAINTS (2000/C 291/01)
- APPENDIX D REGULATION NO 17
- APPENDIX E REGULATION NO 19/65/EEC OF 2 MARCH OF THE COUNCIL ON APPLICATION OF ARTICLE 85 (3) OF THE TREATY TO CERTAIN CATEGORIES OF AGREEMENTS AND CONCERTED PRACTICES
- APPENDIX F NOTICE ON AGREEMENTS OF MINOR IMPORTANCE WHICH DO NOT FALL WITHIN THE MEANING OF ARTICLE 85(1) OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY (97/C 372/04)
- APPENDIX G NOTICE OF THE COMMISSION RELATING TO THE REVISION OF THE 1997 NOTICE ON AGREEMENTS OF MINOR IMPORTANCE WHICH DO NOT FALL UNDER ARTICLE 81(1) OF THE EC TREATY (2001/C 149/05)
- APPENDIX H COMMISSION NOTICE ON THE DEFINITION OF RELEVANT MARKET FOR THE PURPOSES OF COMMUNITY COMPETITION LAW (97/C 372/03)
- Back Cover
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