Vertical Agreements in EU Competition Law

2018 ◽  
Author(s):  
Tuytschaever Filip ◽  
Wijckmans Frank
Keyword(s):  
Competition Law ◽  
Self Assessment ◽  
Industry Regulation ◽  
Private Practitioners ◽  
Eu Competition Law ◽  
National Competition ◽  
Legal Concepts ◽  
Reference Tool ◽  
Block Exemption ◽  
The Eu

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.

scholarly journals Distribution of new cars – no longer an issue for EU competition law?

2021 ◽  
Vol 21 (4) ◽  
pp. 371-383
Author(s):  
Václav Šmejkal
Keyword(s):  
European Commission ◽  
National Level ◽  
Competition Law ◽  
Automotive Sector ◽  
Eu Member States ◽  
Eu Competition Law ◽  
Car Sales ◽  
Year 2000 ◽  
Block Exemption ◽  
The Eu

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.

scholarly journals The Implementation of the ECN+ Directive in Hungary and Lessons Beyond

2019 ◽  
Vol 12 (19) ◽  
pp. 55-90 ◽  
Author(s):  
Katalin J. Cseres
Keyword(s):  
Competition Law ◽  
Member States ◽  
Eu Member States ◽  
Law And Policy ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules ◽  
Institutional Aspects ◽  
Shed Light ◽  
The Eu

In order to facilitate national competition authorities (NCAs) in their application of EU competition rules, the EU legislator adopted Directive 2019/1/EU. The Directive’s aim is to empower the competition authorities of the Member States to be more effective enforcers of competition law and to ensure the proper functioning of the internal market. The so-called ECN+ Directive introduces minimum harmonisation rules allowing competition authorities to have common investigative, decision-making (notably fining decisions) and enforcement powers. The Directive, furthermore, sets minimum safeguards for the NCAs’ independence, accountability and resources as well as harmonizes leniency programmes including the coordination of national leniency programmes with each other and with that of the European Commission. This paper critically analyzes the legal and policy developments that paved the way for the adoption of this Directive. Moreover, it examines the changes the implementation of the Directive is likely to generate in current Hungarian law and policy of competition protection. The focus of the paper’s assessment is on the institutional aspects of the Directive and the enforcement of Articles 101 and 102 TFEU, in particular the mechanisms for ensuring independence and accountability of the NCAs. Through the assessment of the Hungarian implementation, the paper aims to shed light on a broader context of the Directive and the enforcement of EU competition law in EU Member States. The paper shows that the implementation of the Directive may fail to translate into (more) effective enforcement without an effective institutional capacity on the side of the NCAs, and in the broader legal and constitutional context of competition law and its multilevel enforcement

scholarly journals Ukrainian Legislation on Competition in the Scope of Convergence with EU Competition Law

2020 ◽  
pp. 38-52
Author(s):  
Anna GLADSHTEIN
Keyword(s):  
Competition Law ◽  
Legal Regulation ◽  
Base Line ◽  
Negative Consequences ◽  
Association Agreement ◽  
National Legislation ◽  
Eu Competition Law ◽  
National Competition ◽  
State Subsidies ◽  
The Eu

The paper is devoted to the study of national competition legislation of Ukraine in the scope of its convergence with EU Competition Law. The aims of the paper are (1) determination of named convergence between national legislation and EU Competition Law, (2) study of drivers of further adaptation of national competition legislation to the EU Law and (3) study of main legal constructions under the EU Competition Law as base line of transformation of Ukrainian competition legislation. In particular, the author studies means of adaptation of relevant legislation to EU Competition Law, common origins of national competition legislation and main legal constructions, used in national competition legislation (anticompetitive behavior, state subsidies etc.). It is stated, that due to adaptation process it had been done a series of steps, in particular, enactment of legislation towards unification matters of national competition legislation of Ukraine and EU Competition Law. The author noted that the one of the adaptation forms in relevant range is direct implementation of specified legal rules of EU Competition Law under the current legislation of Ukraine. In these circumstances rules aimed at implementation are specified under the Association Agreement between Ukraine and UE. The offered approach, even in the light of its efficiency, takes some legal risks. In particular, named risks arise from cases of laps of acts, which are aimed at implementation under the named Agreement. The author studies the most problematic spheres of national legislation adaptation to the EU Competition Law, in particular state subsidies and application practices of competition rules by relevant authorities (Antimonopoly Committee of Ukraine). The author noted not only the importance of EU Competition Law implementation, but also adjustment of national law of Ukraine with application practices of relevant rules under the EU Competition Law. Special attention of the author is devoted to existence of sufficient quantities of evaluation notions, which accept wide limits discretion for any state institution, which could appreciate relevant provisions. The author concluded, that existence of evaluation notions themselves do not necessarily mean some imperfections or lack of development degree of relevant legislation because of back up possibility provided by unsuitable definitions or heavily regulation. It is stated that sufficient quantities of evaluation notions shall not result in legal regulation as potential negative consequences shall be resolved under the correction of law application practices.

scholarly journals Questions that Have Arisen since the EU Decision on the Whatsapp Acquisition by Facebook

2019 ◽  
Vol 3 (1) ◽  
pp. 15-51
Author(s):  
Vicente Bagnoli
Keyword(s):  
Market Power ◽  
Data Protection ◽  
Online Advertising ◽  
Personal Data ◽  
Competition Law ◽  
Eu Competition Law ◽  
National Competition ◽  
User Data ◽  
Mobile Development ◽  
The Eu

On October 3rd, 2014, the European Commission (EC) concluded the analysis of the transaction by which Facebook, Inc. (“Facebook”, USA) had acquired WhatsApp Inc. (“WhatsApp”, USA) by way of a purchase of shares for US$ 19 billion, which contributed to Facebook’s strategy of focusing its business on mobile development (Case no. COMP/M.7217). In its decision, the EC stated that the deal would raise no competition concerns and authorised the proposed acquisition of WhatsApp by Facebook concluding that Facebook Messenger and WhatsApp are not close competitors and that consumers would continue to have a wide choice of alternatives for consumer communication apps after the acquisition. The EC analysed potential data concentration issues only within the scope that the acquisition could weigh down competition in the online advertising market. Privacy-related concerns from the increased concentration of data within the control of Facebook because of the deal with WhatsApp are not an EU Competition Law matter. Notwithstanding, just some months after the decision two national competition authorities (Germany and Italy) opened procedures against Facebook. In Germany, the Bundeskartellamt initiated in March 2016 a proceeding against Facebook – Facebook Inc., USA, the Irish subsidiary of the company, and Facebook Germany GmbH, Hamburg – on suspicion that  Facebook had abused its market power by infringing data protection rules with its specific terms of service on the use of user data. In Italy, in May 2017, the Autorità Garante della Concorrenza e del Mercato (AGCM) fined WhatsApp EUR 3 million for having forced its users to share their personal data with Facebook as a conclusion of two investigations opened in October 2016 concerning infringements of the Consumer Code. The present article proposes to answer three main questions concerning the EC decision on the WhatsApp acquisition by Facebook: (i) Did the EC apply the best tools to analyse the case?; (ii) Could the EC have addressed a decision that would somehow interfere in the privacy field?; and (iii) Could the procedures in Germany and Italy have been avoided?

Competition Law: Convergence Through Law and Networks

2021 ◽  
pp. 824-846
Author(s):  
Imelda Maher
Keyword(s):  
Competition Law ◽  
Mutual Cooperation ◽  
Eu Competition Law ◽  
National Competition ◽  
The Eu

Competition Law: Convergence through Law and Networks uses an evolutionary lens to explore how the EU competition law regime is undergoing change again with the introduction of the ECN+ Directive (2019/1) and the Damages Directive (2014/104). Modernization through Regulation 1/2003 was revolutionary. Alongside the move to a more economics-based approach by the Commission, enforcement was delegated to National Competition Authorities, releasing Commission time and resources to focus on much bigger and economically significant cases. This chapter examines how the European Competition Network is an important governance tool in developing coherence, convergence, and mutual cooperation and how the limitations of minimal procedural convergence led to the pendulum of evolution swinging back again towards the EU with the Damages and ECN+ Directive.

scholarly journals The Concept of Unity in the Competition Law System

2018 ◽  
Vol 11 (18) ◽  
pp. 181-207
Author(s):  
Kamil Dobosz
Keyword(s):  
Complex System ◽  
Focal Point ◽  
Competition Law ◽  
Sensu Stricto ◽  
The European Union ◽  
Law System ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules ◽  
The Eu

The paper presents four pillars of competition law that can be recognised in the European Union and Member States, namely EU competition law, national competition law sensu stricto, national competition law sensu largo and competition rules sensu largissimo. In order to demonstrate that this multi-faceted and complex system is able to work in an orderly manner, it is considered in relation to various concepts, particularly unity, uniformity and effectiveness. Nevertheless, the concept of unity serves as a focal point for the observations. The perspective of the EU single market plays a part also, enhancing the call for unity. With regard to discussed threats for unity, possible solutions are proposed in the final part of the article.

Concentrations in the Aviation Sector: How to maintain the level playing field for airlines and airports?

2021 ◽  
Vol 24 (3) ◽  
pp. 485-511
Author(s):  
Valentine Lemonnier
Keyword(s):  
Competition Law ◽  
Air Transport ◽  
Transport Sector ◽  
Level Playing Field ◽  
Playing Field ◽  
Market Participants ◽  
Free Competition ◽  
Eu Competition Law ◽  
Different Types ◽  
The Eu

Before the Covid-19 pandemic hit, the scheduled passenger air transport sector was already subject to several horizontal concentrations. The mix of free competition and strict regularization in the air transport sector in the EU raises the question whether the current framework will still be able to provide a level playing field to the market participants, notably airlines and airports. The study focusses on how EU competition law has influenced horizontal concentrations (i.e. mergers and horizontal co-operations) in the scheduled passenger air transport sector. The results of the discussion are the basis for a reflection of the effects of different types of horizontal concentrations on the negotiation power of airlines vis-à-vis airports. A third focus of the study is the identification of regulatory weaknesses with regard to airport financing under the Airport Charges Directive (Directive 2009/12/EC), how those weaknesses benefit airlines and how they might interfere with efforts made under the application of competition law.

scholarly journals A Note on 2015 Developments in Polish Competition Law: Is it Really a Drive Towards the European Model?

2016 ◽  
Vol 9 (14) ◽  
Author(s):  
Anna Piszcz
Keyword(s):  
Competition Law ◽  
Considerable Part ◽  
Member States ◽  
European Model ◽  
Eu Competition Law ◽  
Recent Developments ◽  
Conscious Intention ◽  
Further Development ◽  
The Eu

Modern Polish competition law has become highly regulated and codified over the twenty five years of its existence and this article will provide readers with information relating to its recent developments of 2015. Separate subsections present a review of provisions on remedies in infringement decisions as well as settlements. A considerable part of this paper is designed to outline the peculiarities that characterize Poland’s new provisions on fines. Further on, the paper introduces readers to newest trends in the area of concentration control between undertakings. In addition, an assessment of recent developments and suggestions for a further development of Polish competition law are reviewed in the EU context. The conscious intention of the author is to analyse whether the EU competition law pattern, often regarded as a model for Member States, has been used to develop Polish competition law. Has the latter been amended to look more, or less like EU competition law? Has Polish competition law shown the capacity to absorb the best elements of EU competition law into itself? How is the outcome aligned with the declared direction of these amendments?

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