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EU Distribution Law
By
Joanna Goyder
Description
The new edition of
EU Distribution Law, published five years after the previous edition,
is concerned with the competition rules prohibiting anti-competitive
agreements and behaviour affecting trade between Member States, and
the special rules which protect commercial agents. Under EU law such
anti-competitive agreements may be void and substantial fines imposed
and liability in damages may result. To minimise the risk companies
and their advisers must understand the new rules and exemptions
covering their distribution and supply agreements. This is
particularly the case because new legislation which came into effect
in 2004 has removed the possibility for companies to seek approval of
their distribution systems from the European Commission, instead
requiring them to rely on their own assessment. The new rules have
also greatly increased the involvement of national courts and
competition authorities in the enforcement of EU competition rules.
These procedural reforms have had a significant impact upon
distribution and agency agreements. Furthermore, the enlargement of
the EU in 2004 from 15 to 25 Member States, and the ever-expanding
case law of the European courts, means that EU law has an ever wider
and more pronounced impact.
This
comprehensively rewritten and updated new edition of a well-known
text combines expert commentary with clear, practical advice on the
law affecting distribution agreements, exclusive supply, purchase
agreements, franchising, agency and selective distribution.
It will be
essential reading for commercial and competition lawyers, and the
legal departments of manufacturers, suppliers, distributors and
retailers currently trading or intending to trade within the EU.
Joanna Goyder is a
Barrister working for Freshfields Bruckhaus Deringer in Brussels.
Contents
1 European Union
law 1
2 EU competition
law 17
3 Distribution
agreements 63
4 Selective
distribution 105
5 Franchising 147
6 Agency 173
7 The future 191
App. 1 EC Treaty
Articles 81 and 82 201
App. 2 Council
regulation (EC) 1/2003 203
App. 3 Council
directive 86/653/EEC 235
App. 4 Council
regulation (EC) 2790/1999 244
App. 5 Commission
regulation (EC) 1400/2002 254
App. 6 Commission
regulation (EC) 773/2004 275
App. 7 Commission
guidelines on vertical restraints 287
App. 8 Commission
notice on agreements of minor importance 354
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