Old Block Exemptions Clause Samples

Old Block Exemptions. Commission Regulation 1983/83, on the Application of Article [81(3)] of the Treaty to categories of Exclusive Distribution Agreements [1983] OJ L173/1; Commission Regulation 1984/83, on the Application of Article [81(3)] of the Treaty to categories of Exclusive Purchasing Agreements [1983] OJ L173/7; Commission Regulation 4087/88, on the Application of Article [81(3)] of the Treaty to categories of Franchise Agreements [1988] OJ L359/46. these agreements failed. Consequently, this paper also examines vertical distribution agreements and the background to the Reform. In the first part of this paper I consider why vertical distribution agreements are concluded and the advantages as well as the competition concerns inherent in this structure of distribution. After this part I hope the reader to be familiar with the vertical distribution agreement and understand its twofold structure when it comes to regulate it in competition law. The second and third parts are devoted to assessing the old approach to vertical restraints under European competition law. The analysis of the old approach is important to understand the nature of its failure to avoid the same mistakes being repeated under the new system. Additionally, considerable space is left to examine the development of the prohibition in Article 81(1) by the Community Courts in relation to vertical restraints. I consider that this development can be compared with and regarded along with the structure of the new Block Exemption. In the fifth and the sixth chapter of the paper I present and discuss the Reform. My intention is to explain how the new system functions and how it affects undertakings, Member States and the Commission’s working methods. I hope that the reader by the end of the paper will be able to evaluate the Reform, be critical of how the Commission has solved the problems, and with the help of the general parts of the paper be able to envisage alternative solutions. It has been difficult to keep this paper short because there are many interesting aspects to discuss. I have tried to draw the limitations along the same lines as the Commission puts the limitations on the revision on the policy on vertical distribution agreements. These sectors that are not covered by the Green Paper on vertical Restraints, for example agency agreements and certain motor vehicle distribution agreements, are not considered in this presentation. 3 The debate on how to change the assessment of vertical distribution agr...