On the other hand, the Commission considers that the prohibition test under Article 85, paragraph 1, is not carried out by exclusively commercial contracts with commercial agents, since these contracts have neither the purpose nor the effect of preventing, restricting or distorting competition in the common market. The sales agent has only an auxiliary function in the product market. In this market, it acts on instruction and in the interest of the company on whose behalf it operates. Unlike the independent trader, he is neither buyer nor seller, but seeks buyer or seller in the interest of the other party, who is the person who makes the purchase or sale. In this type of exclusive purchase agreement, the selling or buying company continues to be a competitor; it uses only an auxiliary, that is, the sales agent, to market or buy products on the market. In addition to the competitive situation in markets where the sales agent serves as an auxiliary to the other party, consideration should be given to the specific market in which commercial agents offer their services for trading or closing transactions. The agent`s commitment to work exclusively for a single contracting entity for a specified period results in a restriction of supply in that market; the other party`s commitment to designate it as the sole agent for a given territory limits market demand. However, the Commission considers that these restrictions are due to the special obligation between the commercial agent and his contracting entity to protect the interests of the other and therefore considers that they do not result in restrictions on competition. This section selects books on topics related to competition law and economics.
This compilation does not seek to be exhaustive, but rather to an overview of important topics in this area. The survey usually covers publication within the last three months following the publication of the latest edition of (…) In the area of exclusive distribution, an interesting decision of the Paris Court of Appeal was taken this quarter, which reminds us of the importance of carefully anticipating the end of the contract and the end of the obligation of exclusivity that results from it. Since June 1, 1995, a supplier (…) The Spanish Supreme Court has annulled a contract with an exclusivity clause in favour of Repsol following a ruling by the European Court of Justice (ECJ) in which the European Court of Justice has confirmed that national courts are not prevented from assessing potentially anti-competitive agreements (…) The French law on restrictive practices is imitated. France is often highlighted for its many rules aimed at preserving the precarious balance between suppliers and distributors. This trend will not be reversed, particularly in the agricultural sector. The French (…) On 16 March 2020, the French Competition Authority (“FCA”) announced that it had fined Apple 1.1 billion euros, the highest ever imposed on a company for entering into vertical agreements with some of its distributors and for economic dependence on its independents (…) Exclusive distribution agreements may, in certain circumstances, be subject to EU and UK competition rules. John Schmidt and Zeno Frediani are addressing some of the key issues that food and beverage operators should keep in mind to prevent them from violating competition rules. The Swedish Competition Authority accepts the obligations of training companies- Bruce is a company that offers training services. The company proposed to limit the use of exclusive contracts with gyms in order to avoid competition problems. The Swedish Competition Authority (…) While trade negotiations for the introduction of the 2021 agreements are already underway, the CEPC has published on its website a recommendation to “face the potential difficulties faced by the professionals concerned in the application of the current contracts due to the health crisis and its (…) Facts and procedures.