Finally, it should be noted that there is no straitjacket formula for the evaluation of exclusive distribution agreements under the Act. Each assessment is carried out on a case-by-case basis by the ICC, taking due account of a wide range of factors, including the market power of the parties concerned, the beneficial effects of the agreements on competition and the possible economic justifications of the parties. Depending on the parties` position on the market, CCI may judge them either on the basis of the provisions on abuse of a dominant position (Article 4 of the Law) or on the provisions on vertical agreements (Article 3(4) of the Law), or on both. Agreements may be judged under Articles 3(4) and 4 of the Act. Each lays down certain conditions that must be met in order for the agreement to be exempted from the block exemption. Those conditions may include, for example, conditions relating to the market shares held by the parties and the types of restrictions contained in the agreement. A number of EU block exemptions have been introduced into UK national law, with some minor changes, and will continue to apply after Brexit under UK competition law. The agreement relates to an explicit or implicit agreement between undertakings which normally compete for their mutual benefit. Agreements to restrict competition may cover issues such as prices, production, markets and customers. Such agreements are often equated with the formation of cartels and, in most legal systems, due to the impact of rising prices, restrictions on production and other adverse economic consequences, are treated as an infringement of competition law.
Whether an agreement is anti-competitive is assessed on the basis of its objective or impact on competition and not on its wording or form. This means that oral and informal gentlemen`s agreements can be considered anti-competitive, as can formal and written agreements. Finally, in its April 2010 abridged version relating to a joint purchase agreement between Palmer & Harvey McLane and Makro Self-Service Wholesalers, the UK Office of Fair Trading (the predecessor of the UK Competition and Market Regulator) has probably adopted a more favourable approach to joint purchasing. In particular, it was found that the Commission generally refers to such agreements as `marketing agreements`. This is the case of joint sale, in which the parties agree on all commercial aspects related to the sale of the product, including the price. It also includes more limited forms of cooperation, such as.B. distribution agreements (e.g. B a party entrusts its competitor with the distribution of its products in a given territory), after-sales service, advertising or logistics. FAS Russia defends the ban on borrowers` group insurance for banks* The FAS plans to protect the interests of borrowers and competition in the bank insurance market Marina Pishchulina, deputy director of the financial market supervision department of the FAS (…) Companies involved in anti-competitive behaviour may consider their agreements unenforceable and risk fines of up to 10% of the group`s global turnover and exposure to possible actions for damages.
The defined types of joint production and specialisation agreements are covered by the revision of the specialisation agreement block exemption (SBE).6 Otherwise, the guidelines are included in the guidelines. Specialization is when one party stops or reduces the production of a given product and buys it from the other party (this can be done on the basis of reciprocity if each producer withdraws from a market and sources products from the competitor, or unilaterally). The determination of the AAEC is a balance between those positive and negative factors provided for in Article 19(3) of the Law. The positive effects provided for in Article 19(3) of the Act are: (i) the beneficial effect for consumers; (ii) improving the production or distribution of goods or the provision of services; or (iii) promote technical, scientific and economic development through the production or distribution of goods or services. .