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.

...a good basis to the EC rules for distribution agreements Cani Fernandez World Competition Law and Economics Review December 2002 Korah's and Sullivan's book is the most detailed and knowledgeable work on the Vertical Regulation in English language to date. It will be an indispensable, and also highly understandable tool for anyone seeking to grasp both the new law's essence and its details. Boris M. Kasten, University of Erlangen, Germany European Competition Law Review January 2003

• 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.