This book analyses the EC competition rules applicable to vertical agreements, including Regulation 2790/99 (the general block exemption applicable to vertical agreements), Regulation 1400/2002 (the motor vehicle block exemption) and also vertical agreements not covered by a block exemption. The book includes informal guidance obtained from DG Competition. The authors consider issues directly relevant in the commercial world, answering questions such as: Under what conditions may a supplier impose territorial restrictions on his dealer network? Is it possible to impose maximum retail prices? Are customer restrictions permissible in a selective distribution system? Can a supplier assume an exclusive supply obligation? Are non-compete restrictions compatible with Regulation 2790/99? Is an exclusive supply-back obligation included in a subcontracting arrangement enforceable? The authors draw on their experience in this area of competition law to address the more complex issues relating to vertical restraints. They offer practical solutions to commercial problems and provide an indispensable tool for all practitioners active in the drafting or reviewing of vertical agreements.
Table of Contents
PART I INTRODUCTORY; 1. General Introduction; PART II VERTICAL AGREEMENTS UNDER REGULATION 2790/99; 2. Material Scope of Application of Regulation 2790/99; 3. Territorial Scope of Application of Regulation 2790/99; 4. Application in time of Regulation 2790/99; 5. Hardcore Restrictions; 6. Non-Compete Obligations; 7. Frequently Used Distribution Formulas; 8. Subcontracting Agreements; 9. Disapplication and Withdrawal; PART III VERTICAL AGREEMENTS OUTSIDE THE SCOPE OF REGULATION 2790/99; 10. Distribution and Vertical Restraints; PART IV MOTOR VEHICLE DISTRIBUTION UNDER REGULATION 1400/2002; 11. Motor Vehicle Distribution; APPENDICES; 1. Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices; 2. Guidelines on Vertical Restraints (2000/C 291/01); 3. Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector
Frank Wijckmans: Belgian - Wilrijk (Antwerp), 11 April 1962Founding Partner at Vanderelst Wijckmans Everaert Witters & VennotenMember of the Brussels Bar Filip Tuytschaever: Belgian - Deinze, 30 October 1968Partner at Vanderelst Wijckmans Everaert Witters & VennotenMember of the Brussels BarLecturer EU competition law, University of Brussels Alain Vanderelst: Belgian - Antwerp, 30 November 1959Founding Partner at Vanderelst Wijckmans Everaert Witters & VennotenMember of the Brussels Bar