| Abstract [eng] |
Assessment of distribution agreements from the perspective of EC competition law is analysed in the thesis. A manufacturer of products or services is not solely concerned with manufacturing. This thesis starts by outlining the methods of distribution and the impact that the EC competition law my have on the manufacturer‘s choise, because it is a relevant factor when business deciding how to ditribute. It is also outlined the main anti-competitive and pro-competitive effects of vertical restraints. The main attention oh the thesis focuses on distribution agreement concluded between manufacturer and independent distributor, for example, wholesaler or retailer and the competition law problems that such agreement raises. Distribution has been changing with the revolution in information technologies, due to this revolution and the rigid criticism of the Commission’s approach to vertical restraints, the Commission appeared willing to recognise the distribution efficiencies and prepared to asses distribution agreements more flexibly. In second part it is overlooked the key changes introduced by the Commission when it adopted a new block exemption on vertical restraint. It is analysed how Article 81 (1) and Article 81 (3) of the EC Treaty respectively apply to distribution agreement, the possibilities of the exemption of the agreement prohibited under Article 81(1) either by the way of block exemption (Regulation No. 2790/1999) or by satisfying four conditions of Article 81(3) of the EC Treaty and what problems may occur for undertakings due to burden of self assessment. Section Three deals with exclusive and selective distribution agreements, which have been given a lot of treatment by the Commission, the ECJ, because of their impact on competition. The Commission’s main concerns are the risk of a reduction in competition between the same brands, the effect on trade between member states, possible foreclosure of distributors or suppliers from entering or remaining on the market. The detailed analyses of the assessment of vertical restraints by the EC competition law is performed, especially when distribution agreement can not be exempted under block exemption (Regulation No. 2790/1999). |
