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Distribution Agreements Under the EC Competition Rules - Valentine Korah

Distribution Agreements Under the EC Competition Rules

Hardcover Published: 20th June 2002
ISBN: 9781841132396
Number Of Pages: 464

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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 of 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.

...a good basis to the EC rules for distribution agreements Cani Fernandez World Competition Law and Economics Review December 2002 Korah's and Sullivan's book is the most detailed and knowledgeable work on the Vertical Regulation in English language to date. It will be an indispensable, and also highly understandable tool for anyone seeking to grasp both the new law's essence and its details. Boris M. Kasten, University of Erlangen, Germany European Competition Law Review January 2003

Table of Cases
Table of Legislation
Economic Considerationsp. 1
Business Considerations - Ways of Bringing Products to the Marketp. 1
Economic Considerationsp. 9
Buyer Powerp. 45
The Law May be Based on Broad Economic Principles or on Separate Codes for each Category of Contractp. 52
The Law Before 2000 - Article 81p. 57
Introduction to Article 81p. 57
Exclusive Distribution and Consten & Grundigp. 59
Exhaustion of Intellectual Property Rightsp. 63
The Wide Application of Article 81(1) by the Commission in the Early Yearsp. 64
Invalidity of Contractual Provisions and Uncertaintyp. 71
The Commission's Former Viewsp. 78
The Views of the ECJ and CFIp. 80
Case Law on Marketing under Article 81p. 85
Tyingp. 111
The Adoption of Successive Regulations Exempting Distribution Agreements and the Green Paperp. 114
Retrospective Exemption - Regulation 1216/99p. 118
The White Paper on Modernisationp. 119
Few Vertical Agreements Infringe Article 81(1)p. 121
The Group Exemptionp. 123
Introductionp. 123
Status of Recitals and Guidelinesp. 124
Joint Dominant Positionp. 128
Regulation 2790/99p. 129
Hard Core Restraintsp. 167
Introductionp. 167
Resale Price Maintenance (RPM)p. 173
Territorial and Customer Protectionp. 177
Selective Distributionp. 187
Componentsp. 189
Conclusion on Article 4p. 190
Single Brandingp. 193
Introduction - Objections to Single Brandingp. 193
Obligation in Vertical Agreements that are Not Exemptp. 208
Miscellaneous Provisionsp. 215
Withdrawal of Exemptionp. 215
Calculating Market Share and Turnoverp. 224
"Connected Undertakings"p. 225
Transitional Provisionsp. 226
Entry into Forcep. 226
Distribution Agreements Outside the Block Exemptionp. 227
Introductionp. 227
Distribution Arrangements Which Fall Outside Regulation 2790/99p. 228
General Options for Parties to Agreements Outside the BERp. 251
Self Assesment and the Guidelines on Vertical Restraintsp. 258
Notificationp. 271
Distribution of Motor Vehiclesp. 274
Beer Supply Agreementsp. 288
Conclusion on the Regulation and Guidelinesp. 293
Wide coveragep. 294
Ceiling of Market Sharep. 294
No Limiting White Listp. 295
List of Hard Core Restraints Inappropriatep. 295
Withdrawal of Benefit by Regulationp. 296
A Rule of Reason?p. 297
Conclusionp. 297
Regulation 2790/99p. 299
Regulation 19/65 (as amended by Regulation 1215/99)p. 311
Regulation 1215/99p. 316
Regulation 1216/99p. 322
Guidelines on Vertical Restraintsp. 325
Notice on Agreements of Minor Importancep. 407
Indexp. 413
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841132396
ISBN-10: 184113239X
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 464
Published: 20th June 2002
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 3.6
Weight (kg): 0.81
Edition Number: 1