| Abstract [eng] |
Distribution Systems Established by Vertical Agreements in E-commerce: Problems of Competition Law Enforcement Electronic commerce is in the center of attention within the business of undertakings, life of consumers and activities of competent authorities. According to the inquiry of the European Commission, undertakings meet specific challenges within the sector of e-commerce which very often are related to competition law. Due to the latter reasons, it is necessary to identify and assess problems of competition law enforcement which arise within the distribution systems established via vertical agreements. First part of the thesis includes analyses of the problems arising in separation of active and passive sales in exclusive distribution system. Therefore, competition law provisions regarding internet distribution and language of the website which sometimes might be interpreted too narrow are analysed, features of the websites like domain, marketing tools, newsletters are analysed, also the problems regarding directivity of distribution to specific territory while using various distribution platforms and whether the case law of selective distribution could be sometimes applicable in the case of exclusive distribution. Second part of the thesis includes analyses of problems arising within the selective distribution system. Problems related to restriction to distribute online, third party marketplaces, price comparison tolls are analysed. Attention is drawn to the fast-developing national case law which, if lagged behind, could further away from harmonization of the European Union competition rules, the questionable relevance of certain current competition law provisions in respect to future conditions of the market, problems of interpretation and enforcement of the case law of the Court of Justice of the European Union, for example, Coty decision, which could be met by undertakings, problems regarding certain provisions of contracts, for example, regarding MFN clauses. Third part of the thesis includes assessment of how the goal to ensure fair competition to small and medium companies by providing them with possibility to distribute via various platforms on e-commerce may increase the market power of the owners of the beforementioned platforms, for example, Amazon or Google, and thus increase the risk of abuse of dominant position or horizontal agreements. Fourth part of the thesis includes the assessment of problems that may arise upon the Regulation No. 2018/302 came into force in respect to competition law provisions, the compatibility between these legal spheres, as well as how these two institutes supplement each other and why some problems might be met by undertakings. |
