What Is Considered Vertical Agreement



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These are unlikely to be considered „objectives“ when this must be assessed in the relevant legal and economic context. However, some of these schemes could raise doubts under Article 102 of the TFUE (or their equivalent in the Member States) if the party imposing the restriction is in a dominant position. To the knowledge of their authors, no Commission decision or the judgments of the EU Court of Justice on the types of standard resale prices have focused on efficiency gains. However, some Court of Justice judgments, such as Metro/Commission (1977) and AEG-Telefunken/Commission (1983), have recognized that there may be a causal link between maintaining a certain price level and the survival of a specialized trade. In such a scenario, EU courts have found that the negative effects on competition caused by price restrictions can be offset by increased competition for the quality of services provided to customers. If the agreement contains one of the following characterized restrictions, the benefit of the category exemption for vertical agreements is lost for the whole agreement: briefly explain how agreements to establish „selective“ distribution systems are assessed. Should the selection criteria be published? Is the only objective of the Vertical Restrictions Act economic or is it intended to promote or protect other interests? Is it then possible to ask the authority responsible for enforcing the rules on cartels and abuse of dominant position, in the absence of a formal notification procedure, indications or a decision to stop a court on the assessment of a particular agreement in certain circumstances? With regard to vertical agreements, the main exemption by EU category is the category exemption for vertical agreements, which excludes many vertical agreements from the prohibitions covered in Chapter I and Article 101 (see exemption by category for vertical agreements). Vertical agreements are agreements between two or more parties that, within the meaning of this agreement, operate at different levels of the production, supply and distribution chain. For example, between a manufacturer and a supplier or between a supplier and a distributor. Under what circumstances do the cartel and abuse of dominance rules apply to agreements between agents and key agreements in which a company agrees to provide certain services on behalf of a supplier in exchange for a commission payment on the basis of sale? Please explain the analytical framework for assessing vertical restrictions on cartels and abuse of dominance. Until recently, distribution agreements for the purchase, sale or resale of new vehicles or spare parts, or on the provision of repair and maintenance services by licensed repairers, were covered by a separate sector exemption. However, since June 1, 2013, vertical agreements for the purchase, sale or resale of new vehicles have been analyzed under the General Vertical Class Exemption Regulation (see Question 18), meaning that only agreements for the distribution of spare parts and the provision of repair and maintenance services will continue to benefit from a specific sectoral exemption regulation.



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