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DC Field | Value | Language |
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dc.date.accessioned | 2020-08-25T10:29:36Z | - |
dc.date.available | 2020-08-25T10:29:36Z | - |
dc.date.issued | 2003 | - |
dc.identifier.citation | Buhagiar, A. (2003). Vertical restraints under EC Competition Law In the light of the new block exemption and guidelines on vertical restraints (Master's dissertation). | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/59836 | - |
dc.description | LL.D. | en_GB |
dc.description.abstract | On 1 June 2000 Commission Regulation 2790/1999, the general EC block exemption for vertical restraints, entered into force, replacing and to a great extent surpassing the former block exemptions for exclusive distribution, exclusive purchasing and franchising agreements. Together with the accompanying Commission Guidelines on Vertical Restraints it embodies a more analytic and economics-based approach towards the assessment of the legality of vertical agreements under Article 81 EC. The distinctive features of the new vertical restraints block exemption include the stipulation of a 30 per cent market share threshold for its application, reflecting the Commission's endorsement of recent economic thinking regarding the crucial bearing of market power on the impact of vertical restraints on competition; its omission of a 'white list' of permitted provisions and its application on the basis of a broad, general definition of 'vertical restraints'. However Regulation 2790/1999 still contains certain unmistakable elements of the previous form-based regime, most notably the inclusion of a 'black-list' of hardcore restraints which prevent the block exemption from applying to the entire agreement wherein they are contained irrespective of the market share of the parties, and certain other conditions which effectively limit its application to potentially efficiency-enhancing vertical agreements. This thesis provides a critical review of the central provisions of the vertical restraints block exemption and the relevant interpretation thereof provided by the Guidelines, in an attempt to identify the redeeming virtues of the Commission's reformed policy concerning vertical agreements; to compare its approach to that taken by the Community Courts in certain landmark judgements and to suggest its shortcomings from the viewpoint of the attainment of the ultimate objectives of EC competition policy - the promotion of economic efficiency and the further integration of the single market. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Antitrust law -- European Union countries | en_GB |
dc.subject | Restraint of trade -- European Union countries | en_GB |
dc.subject | Marketing, Vertical -- Law and legislation -- European Union countries | en_GB |
dc.subject | Exclusive contracts -- European Union countries | en_GB |
dc.title | Vertical restraints under EC Competition Law In the light of the new block exemption and guidelines on vertical restraints | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Buhagiar, Andria | - |
Appears in Collections: | Dissertations - FacLaw - 1958-2009 |
Files in This Item:
File | Description | Size | Format | |
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Buhagiar_Andria_Vertical Restraints under EC Competition Law In the Light of the New Block Exemption and Guidelines On Vertical Restraints.pdf Restricted Access | 13.36 MB | Adobe PDF | View/Open Request a copy |
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