Part II Vertical Agreements Under Regulation 330/2010, 2 Road Map

2018 ◽  
Author(s):  
Wijckmans Frank ◽  
Tuytschaever Filip
Keyword(s):  
Road Map ◽  
Scope Of Application ◽  
Block Exemption

The objective of this chapter is to provide the practitioner with a road map covering the various steps and questions to assess whether a given vertical agreement benefits from Regulation 330/2010. Experience teaches that one must not conclude too hastily that a vertical agreement falls within the scope of application of Regulation 330/2010 or meets the conditions to be block exempted. A step-by-step assessment is called for to avoid the risk of inaccurate conclusions. The chapter takes the reader by the hand and guides him systematically through the various steps that need to be covered so as to arrive at reliable conclusions regarding the applicability of the block exemption regime.

Part II Vertical Agreements Under Regulation 330/2010, 7 Article 5: Excluded Restrictions

2018 ◽  
Author(s):  
Wijckmans Frank ◽  
Tuytschaever Filip
Keyword(s):  
The Other ◽  
The Road ◽  
Road Map ◽  
Scope Of Application ◽  
Article 5 ◽  
Block Exemption

This chapter addresses the co-called excluded restrictions which are listed in Article 5 of Regulation 330/2010. The twelfth step of the road map of Chapter 2 is to check whether a given vertical agreement contains restrictions which are excluded from the scope of application of Regulation 330/2010. The excluded restrictions cover three categories of non-compete obligations, respectively applying: (i) during the term of the vertical agreement; (ii) after its termination; and (iii) in a system of selective distribution.The inclusion of an excluded restriction does not render the block exemption inapplicable to the vertical agreement as a whole. The block exemption will only not apply to the excluded restriction itself. The other restrictions of competition continue to benefit from the block exemption, to the extent that they are covered by it.

scholarly journals Constitutionalization of legal policy in modern Russia

2018 ◽  
Vol 2 (4) ◽  
pp. 25-29
Author(s):  
D. Avdeev
Keyword(s):  
Comparative Method ◽  
Strategic Development ◽  
Legal Policy ◽  
Scientific Methods ◽  
Road Map ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
State And Local ◽  
Constitutional System

The subject. The paper is devoted to the constitutional basis of modern legal policy.The purpose of the paper is to confirm or disprove the hypothesis that constitutional concept of legal policy is necessary basis of reform of legal relations between constituent entities in federative state.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results, scope of application. The emergence and further development of a legal policy based on constitutional provisions and norms continues to impact significantly on the organization of state and local authorities. Democracy, federalism, republicanism and legalism are the four components that can form the basis for the development of the doctrinal conception of legal policy aimed to the strategic development of these constitutional axiomatic postulates. In Russia there is no clearly defined "road map", which is based on the strategic planning of the constitutional system. The Constitution of the Russian Federation contains enough inaccuracies of both legal and technical and substantive nature.Conclusions. It is necessary to develop a concept of legal policy. Such concept is necessary basis of reform of legal relations between constituent entities in federative state.

Part II Vertical Agreements Under Regulation 330/2010, 6 Article 4: Hardcore Restrictions

2018 ◽  
Author(s):  
Wijckmans Frank ◽  
Tuytschaever Filip
Keyword(s):  
Market Share ◽  
Self Assessment ◽  
Individual Basis ◽  
Scope Of Application ◽  
Block Exemption

This chapter addresses the hardcore restrictions which are included in Article 4 of Regulation 330/2010. Once it has been established that a vertical agreement falls within the scope of application of Regulation 330/2010, complies with the limitations included in Article 2(2)–(5), and does not exceed the market share limits, the next step is to check whether it contains any hardcore restrictions. This assessment constitutes the eleventh step of the analysis.The hardcore restrictions consist of RPM and certain territorial and customer restrictions. For the purposes of Regulation 330/2010, the list of hardcore restrictions in Article 4 is exhaustive. The inclusion of a hardcore restriction renders the block exemption inapplicable to the vertical agreement as a whole. In addition, the Vertical Guidelines provide for a rebuttable presumption that a hardcore restriction will fail to meet the conditions of Article 101(3) TFEU on an individual basis (self-assessment).

Part II Vertical Agreements Under Regulation 330/2010, 4 Article 2(2)–(5): Limits to the Scope of Application of Regulation 330/2010

2018 ◽  
Author(s):  
Wijckmans Frank ◽  
Tuytschaever Filip
Keyword(s):  
Limited Application ◽  
Scope Of Application ◽  
Practical Guidance ◽  
Block Exemption

This chapter addresses certain specific limitations to the scope of application of Regulation 330/2010. In order to determine whether any of these limitations applies and therefore excludes the vertical agreement from the scope of application of Regulation 330/2010, the following additional steps must be addressed: (i) fifth step: Article 2(2) limits the scope of application to only certain agreements between associations of undertakings and their members of suppliers; (ii) sixth step: Article 2(3) addresses the (limited) application of Regulation 330/2010 to vertical agreements containing provisions on IPR; (iii) seventh step: Article 2(4) deals with the application to certain agreements between competitors; and (iv) eighth step: Article 2(5) limits the scope of application to vertical agreements which are not within the scope of application of any other block exemption regulation. The chapter takes the reader systematically through each of these steps and offers concrete and practical guidance.

Metrics: Road Map To Medical Home?

2007 ◽  
Vol 41 (12) ◽  
pp. 1-8
Author(s):  
KERRI WACHTER
Keyword(s):  
Medical Home ◽  
Road Map

Structuring Situational Information

2015 ◽  
Vol 20 (3) ◽  
pp. 176-189 ◽  
Author(s):  
John F. Rauthmann
Keyword(s):  
Statistical Analyses ◽  
Current Work ◽  
Common Language ◽  
Road Map ◽  
Taxonomic Approach ◽  
Situational Information

Abstract. There is as yet no consensually agreed-upon situational taxonomy. The current work addresses this issue and reviews extant taxonomic approaches by highlighting a “road map” of six research stations that lead to the observed diversity in taxonomies: (1) theoretical and conceptual guidelines, (2) the “type” of situational information studied, (3) the general taxonomic approach taken, (4) the generation of situation pools, (5) the assessment and rating of situational information, and (6) the statistical analyses of situation data. Current situational taxonomies are difficult to integrate because they follow different paths along these six stations. Some suggestions are given on how to spur integrated taxonomies toward a unified psychology of situations that speaks a common language.

Sign in / Sign up

Export Citation Format

Share Document