scholarly journals The EU Block Exemption and Horizontal R&D Agreements

Author(s):  
Derek J. Clark ◽  
Anita Michalsen ◽  
Leif Roger Olsen
Keyword(s):  
2021 ◽  
Vol 21 (4) ◽  
pp. 371-383
Author(s):  
Václav Šmejkal

Abstract Distribution cartels in the automotive sector used to be frequently dismantled and sanctioned by the European Commission and the EU Courts still some 15 years ago. In recent years, however, only a few cases have been reported at the national level of EU Member States. Is it because the distribution of new cars really ceased to be a competition problem as the European Commission declared when it removed this part of the automotive business from the specific Block Exemption Regulation for the automotive sector in 2010? The purpose of the present analysis is first to inspect the car distribution cases that emerged in the EU after the year 2000 and, second, to speculate somewhat whether new forms of distribution, brought by the digitalization of marketing and sales, cannot bring about also new risks to cartel agreements and other types of distortions of competition in car sales.


Author(s):  
Tuytschaever Filip ◽  
Wijckmans Frank

The book discusses the EU competition law regime and practice in respect of vertical agreements. The concept of vertical agreements is not limited to distribution arrangements, but covers also supply and subcontracting scenarios. Particular attention is paid to e-commerce and the sector-specific rules applicable to the automotive industry (Regulation 461/2010). The book covers systematically the various aspects of Regulation 330/2010, which is the European block exemption regulation generally applicable to vertical agreements, as well as the Vertical Guidelines related thereto. In addition to a systematic presentation of the relevant legal concepts, the book provides practical guidance and concrete cases. Such cases include European precedents and decisions adopted in national competition law proceedings. The authors have inserted concrete examples stemming from their private practice in the field. The book offers concrete guidance for vertical agreements falling outside of the scope of Regulation 330/2010 where the parties may need to conduct a so-called self-assessment. It describes the economic theories underpinning such assessment and presents the relevant economic concepts in a digestible manner. The book is intended as an easy reference tool for private practitioners and legal scholars. The second edition of the book has been labelled by many practitioners as their ‘bible’ on vertical agreements.


2014 ◽  
Vol 37 ◽  
pp. 15-25 ◽  
Author(s):  
Richard Ruble ◽  
Bruno Versaevel
Keyword(s):  

2013 ◽  
Vol 2 (2) ◽  
pp. 81-90
Author(s):  
Martin Janků

Abstract Regulation of state aids form an integral part of the EU law from its very origin. Various special rules on provision of state aids were created as secondary law rules by the EU Council and EU Commission. They distinguish between horizontal and sectoral state aid. Horizontal aid concerns schemes potentially benefiting all undertakings regardless of their industry. Sectoral aid is targeted at specific industries or sectors. The paper deals with the legal framework of state aid rules in the agriculture sector. As first, it discusses the extent to which the State aid rules have been generally applied in the agriculture sector by the EU Council under Article 36 of the Treaty, together with the extent to which they have been specifically applied under the regulations which govern both the .common organizations of the market and rural development. Following chapter analyses the agriculture de minimis Regulation, which sets out circumstances in which agricultural aid is sufficiently small that Article 107/1 TFEU will be not applied. Thereafter the paper focuses on the provisions of the Agriculture Block Exemption Regulation and, finally, on agricultural aid that falls to be notified to the Commission as being authorized under the Agriculture Guidelines.


Author(s):  
Richard Whish ◽  
David Bailey

This chapter examines the application of Article 101 TFEU and the Chapter I prohibition in the UK Competition Act 1998 to vertical agreements. The chapter begins by briefly describing the distribution chain, followed by sections on how the law applies to vertical integration and agency agreements. It discusses the competition policy considerations raised by vertical agreements, including the challenges presented by the emergence of online commerce. It explains the application of Article 101 to various vertical agreements while considering the case law of the EU Courts and the position of the Commission in its Guidelines on Vertical Restraints. The chapter goes on to discuss the provisions of Regulation 330/2010, the block exemption for vertical agreements; and the application of Article 101(3) to vertical agreements. The chapter then contains sections on Regulation 461/2010 on motor vehicle distribution and on sub-contracting agreements. Finally, it looks at the position in UK law.


Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne

This chapter, which discusses EU competition policy towards vertical agreements, begins by outlining the choices available to a supplier when deciding how best to market and sell its products or services to customers, and the impact that the competition rules may have on a supplier's choice, including the treatment of agency agreements. It then discusses the EU approach to vertical agreements, in the light of the Commission’s Verticals Guidelines of 2010, including exclusive dealing, single branding, franchising andselective distribution agreements, and the review of the 2010 regime. It considers the importance in EU law of parallel trade between Member States and how this has influenced policy towards vertical restraints. It analyses the application of Article 101(1) and Article 101(3) to vertical agreements, including the Verticals block exemption of 2010; sub-contracting agreements; and the possible application of Article 102 to distribution agreements.


2014 ◽  
Vol 12 (3) ◽  
pp. 271-281
Author(s):  
René Plank

AbstractEU State aid rules were subject to a major parallel overhaul between 2012 and 2014 in the context of „State Aid Modernisation“. With most of the rules recently adopted, the present article aims to shed light on the context and objectives of this reform, in particular the financial crisis, and take stock of the EU policy response in numerous new Council and Commission Regulations, Guidelines and Notices. A central element of the reform and focus of this article are the new State aid block exemption rules adopted on 17 June 2014.


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