Abstract

http://ssrn.com/abstract=1892742
 


 



The Notion of Agreement in a Vertical Context: Pieces of a Sliding Puzzle


Eric Gippini-Fournier


European Commission, Legal Service; Université de Tours

November 1, 2010

REVIEWING VERTICAL RESTRAINTS IN EUROPE: REFORM, KEY ISSUES AND NATIONAL ENFORCEMENT, Centre for Competition Policy, Forthcoming

Abstract:     
This paper explores the issues involved in finding agreement in vertical cases, from the perspective of the antitrust laws of the EU. In borderline cases, the notion of agreement cannot comfortably be dissociated from the other conditions of application of article 101 of the Treaty on the Functioning of the European Union. With this mutual interaction in sight, the relevant case law (judgments such as Sandoz, Bayer, Volkswagen, Ford, etc.) mostly makes sense as a coherent whole.

This paper was presented in November 2010 at an international conference directed by J.F. Bellis and J.M. Beneyto, and coordinated by J. Maillo ("Reviewing Vertical Restraints In Europe: Reform, Key Issues And National Enforcement". Centre for Competition Policy. Madrid, 11-12 november 2010). Publication of the volume collecting contributions to the conference is expected in the course of 2011.

Number of Pages in PDF File: 18

Keywords: agreement, concerted action, vertical, unilateral acts, antitrust, Europe, EU, competition, pharmaceuticals, automotive, parallel trade

JEL Classification: K21, K40, L40, L42

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Date posted: November 17, 2011 ; Last revised: January 9, 2012

Suggested Citation

Gippini-Fournier, Eric, The Notion of Agreement in a Vertical Context: Pieces of a Sliding Puzzle (November 1, 2010). REVIEWING VERTICAL RESTRAINTS IN EUROPE: REFORM, KEY ISSUES AND NATIONAL ENFORCEMENT, Centre for Competition Policy, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1892742

Contact Information

Eric Gippini-Fournier (Contact Author)
European Commission, Legal Service ( email )
B-1049 Brussels
Belgium
Université de Tours ( email )
60 rue du Plat D'Etain
Tours, 37020
France
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