Distribution Agreements Under the EC Competition Rules

Valentine Korah is Professor Emeritus of Competition Law at University College,London, and a Barrister. Denis O'Sullivan is a barrister specialising in competition law matters at the Centre for European Integration Studies in Bonn, and a former associate with the law firm Coudert Brothers in Brussels.

Part 1 Economic considerations: business considerations - ways of bringing products to the market; economic considerations; buyer power. Part 2 The law before 2000 - article 81: introduction to article 81; exclusive distribution and "Consten & Grundig"; exhaustion of intellectual property rights; the wide application of article 81(1) by the commission in the early years; invalidity of contractual provisions and uncertainty; the commission's former views; the views of the ECJ and CFI; case law on marketing under article 81; tying; the adoption of successive regulations exempting distribution agreements and the green paper. Part 3 The group exemption: status of recitals and guidelines; joint dominant position; regulation of 2790/00. Part 4 Hard core restraints: resale price maintenance; territorial and customer protection; selective distribution; components; conclusion on article 4. Part 5 Single branding: introduction - objections to single branding; obligation in vertical agreements that are not exempt. Part 6 Miscellaneous provisions: withdrawal of exemption; calculating market share and turnover; "connected undertakings"; transitional provisions; entry into force. Part 7 Distribution agreements outside the block exemption: distribution agreements which fall outside regulation 2790/99; general options for parties to agreements outside the BER; self-assessment and the guidelines on vertical restraints; notification; distribution of motor vehicles; beer supply agreements. Part 8 Conclusion on the regulation and guidelines: wide coverage; ceiling of market share; no limiting white list; list of hard core restraints inappropriate; withdrawal of benefit by regulation; a rule of reason?; conclusion; appendices.