The Hardcore Restrictions on Internet Distribution under the Regulation 330/2010 : The scope of Objective Justifications and the Double Negative Presumption
This thesis examines the approach and attitude towards restrictions on internet distribution in distribution systems under EU competition law. When the Regulation 330/2010 and the Vertical Guidelines entered into force in 2010 a new level of guidance was given by the Commission on internet distribution. The Vertical Guidelines made an important contribution with its detailed rules but did also leave some questions. In the case C-439/09, Pierre Fabre Dermo-Cosmetique which came in the late 2011 the COJ gave its first preliminary ruling concerning internet distribution and two of those questions are addressed and examined in this thesis.The Vertical Guidelines state that distributors are generally free to use internet for sale and marketing purposes and the first question regards the scope of objective justifications for restricting internet distribution. The thesis shows that the Commission has taken a quite restrictive approach on restrictions on internet distribution which has, at least partly, been confirmed by the COJ. It is however possible to objectively justify restrictions with reference to foremost health and safety but also due to technically advanced and high quality products.The second question concerns the double presumption rule mentioned in the Vertical Guidelines stating that an agreement containing a hardcore restriction is presumed to infringe Art 101(1) in the TFEU by not being exempted by Regulation 330/2010 and to not fulfill the criteria in Art 101(3) in the TFEU for being individually exempted. The examination of the rule and the analyze of case law gives that the COJ does not seem to take the presumption rule into consideration in regard of internet distribution. The conclusion is however that; restrictions together with any other directly or indirectly outright bans on internet distribution must be carefully constructed and performed.
EU Competition Law Applicable to Distribution Agreements: Review of 2011 and Outlook for 2012
After the adoption of the new Block Exemption Regulation on vertical restraints No. 330/2010 and of the ‘motor vehicle pack’, European competition law applicable to distribution agreements seems to have entered into a new era: one of debate and conflict. Three particular fields are now discussed extensively in the case law which will give birth to the law of tomorrow: distribution via the internet, the rivalry between European competition law and the national laws on restrictive practices, and the acceptance of the economic analysis of vertical restraints under substantive law. The discussion is open on all three issues. If the Pierre Fabre decision of the Court of Justice dated 13 October 2011 seems to have fixed for a moment the substantive law, it is not certain that the decision handed down will resist in time as it is based more on a rationale of the free movement of goods rather than on competition law. In any case, the regulation of internet sales by the Commission is too restrictive and will certainly give rise to further evolutions. The conflict between European competition law and national laws on restrictive practices, which seemed to have been dealt with in the framework of Regulation 1/2003, is back on the agenda. Finally, the economic analysis of vertical restraints, clearly affirmed and applied by the ‘new generation’ block exemption regulations, is still hindered in practice by strong resistance from the national courts and authorities. Competition law applicable to distribution agreements therefore appears to be a law in perpetual motion whose internal conflicts ensure progress.
An overview of truck and bus safety: 1999 Knoxville symposium
This paper presents a summary of the topics and discussions from the Second International Truck and Bus Safety Symposium held in Knoxville, Tennessee, October 6-8, 1999. This paper is not a technical paper but is based on the symposium proceedings, which can be accessed for more technical information. The symposium provided an opportunity for the many stakeholders in truck and bus safety, such as carriers, shippers, inspectors, law enforcement officials, insurers, regulators, manufacturers and researchers, to network and discuss the key issues associated with truck and bus safety.