Vertical Agreements Competition Law

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13 Οκτωβρίου 2021
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14 Οκτωβρίου 2021

Vertical Agreements Competition Law

A vertical restraint limiting the use to which a buyer may attribute the contract products could be prohibited if the ICC finds that such restrictions cause or are likely to cause a CSBA in India. To our knowledge, the ICC does not yet appear to have assessed such a deduction. What is the test for determining whether a vertical restraint in your jurisdiction is subject to antitrust law? Has the law been applied extraterritorially in your jurisdiction with respect to vertical restraints? Has it been applied in a purely internet-looking context and, if so, what factors are considered relevant in the examination of jurisdiction? There are no block exemptions or safe harbour provisions relevant to the analysis of vertical restraints in India. A vertical agreement is a term used in competition law to refer to agreements between companies at different levels of the supply chain. For example, a consumer electronics manufacturer could enter into a vertical agreement with a retailer under which the retailer would advertise its products against a price drop. Franchising is a form of vertical agreement that falls within the scope of Article 101 under EU competition law. [1] There are cases where certain types of agreements do not automatically fall within the scope of Article 101 TFEU, for example.B. For example, in Automobiles Dealers Association vs. Global Automobiles Limited & Ors. (Case No 33 of 2011), the ICC rejected the allegations of an exclusive distribution agreement, as both parties rejected the agreement on insignificant market shares, the resulting reduced the likelihood of closure of the internal market. Briefly explain how agreements to establish “selective” distribution systems are evaluated.

Should the selection criteria be published? Is it necessary to conclude a formal written agreement for the application of antitrust law with respect to vertical restraints, or can the applicable rules be used by an informal or un written agreement? To our knowledge, in none of these particular circumstances has the ICC considered a limitation on resale pricing. . . .