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Competition Law

Competition Law (10th edn)

Richard Whish and David Bailey
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Competition Law

Competition Law (10th edn)

Richard Whish and David Bailey
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date: 30 September 2023

p. 64816. Vertical agreementslocked

p. 64816. Vertical agreementslocked

  • Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
  •  and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London

Abstract

This chapter examines the application of Article 101 TFEU and the Chapter I prohibition in the UK Competition Act 1998 to distribution agreements. The chapter begins with a discussion of distribution chains in the modern economy, looking at the various ways in which producers market their goods or services to consumers; these have been enormously enhanced by the emergence of the digital economy. This is followed by sections on how the law applies to producers carrying on their own distribution function (‘vertical integration’), commercial agency and vertical sub-contracting relationships. It discusses the competition policy considerations raised by distribution agreements, and explains the application of Article 101 to various different types of distribution agreements. This is followed by a section on the provisions of Regulation 330/2010, the block exemption for distribution agreements, and the individual application of Article 101(3) to distribution agreements. The chapter then contains sections on Regulation 461/2010 on motor vehicle distribution. Finally, it deals with the application of the Chapter I prohibition in the UK Competition Act 1998 to distribution agreements.

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