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Distribution Agreements Under the EC Competition Rules
By
Valentine Korah and Denis O Sullivan
Description
Professor Korah\\\'s
short monographs on specific topics within EC Competition law are
well known and widely used. This work follows the pattern of her
previous books on group exemptions for technology transfer and
parallel imports. It examines the regulation on vertical
agreements,starting with a chapter on the economic background, before
developing, in a series of chapters, a careful analysis of vertical
agreements and all the relevant case law. A further chapter deals
with agreements which do not come within the regulation, again paying
careful attention to the case law.
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.
Contents
Table of Cases
Table of
Legislation
1 Economic
Considerations 1
1.1 Business
Considerations - Ways of Bringing Products to the Market 1
1.2 Economic
Considerations 9
1.3 Buyer
Power 45
1.4 The Law May
be Based on Broad Economic Principles or on Separate Codes for each
Category of Contract 52
2 The Law Before
2000 - Article 81 57
2.1 Introduction
to Article 81 57
2.2 Exclusive
Distribution and Consten & Grundig 59
2.3 Exhaustion of
Intellectual Property Rights 63
2.4 The Wide
Application of Article 81(1) by the Commission in the Early Years 64
2.5 Invalidity of
Contractual Provisions and Uncertainty 71
2.6 The
Commission\\\'s Former Views 78
2.7 The Views of
the ECJ and CFI 80
2.8 Case Law on
Marketing under Article 81 85
2.9 Tying 111
2.10 The Adoption
of Successive Regulations Exempting Distribution Agreements and the
Green Paper 114
2.11 Retrospective
Exemption - Regulation 1216/99 118
2.12 The White
Paper on Modernisation 119
2.13 Few Vertical
Agreements Infringe Article 81(1) 121
3 The Group
Exemption 123
3.1 Introduction 123
3.2 Status of
Recitals and Guidelines 124
3.3 Joint
Dominant Position 128
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