scholarly journals New Technology Transfer Block Exemption and Guidelines: A challenge for biotechnology

2005 ◽  
Vol 11 (2) ◽  
Author(s):  
Tim Gunn
Keyword(s):  
Technology Transfer ◽  
New Technology ◽  
Competition Law ◽  
Medium Size ◽  
Biotechnology Firms ◽  
Transfer Block ◽  
Individual Assessment ◽  
Eu Competition Law ◽  
Potential Impact ◽  
Block Exemption

This paper focuses on the potential impact of the new Technology Transfer Block Exemption (TTBE) on biotechnology firms, particularly with regards to small and medium-size enterprises, and assesses the challenges faced when implementing the new rules. It discusses EU competition law, in particular article 81(1) and 81(3) of the European Community Treaty, and outlines the pro-competitive criteria that undertakings are required to meet in their agreements. It outlines key concepts of the TTBE, including a brief comparison with the 1996 TTBE, and details of how biotechnology licences fit within the scope of the new TTBE. Reference is made to the Commission's Guidelines and the effects of competition on the biotechnology market. The paper also discusses the difficulties faced in gaining exemption and compares those faced by competitors and non-competitors, the importance of market share and provides a list of 'hardcore' and 'excluded' restrictions. Furthermore, the paper contains details of the guidance provided by the Commission on carrying out an individual assessment for parties whose agreements fall outside the block exemption.

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.

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.

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