The Belgian Commercial Court of Mons assesses the validity of an alleged anticompetitive car distribution agreement on the basis of Art. 81 EC and the EC block exemption regulation (Daimler-Chrysler)

The Belgian Commercial Court examined whether certain practices by the defendants infringed Article 81 EC, and in particular whether such practices could benefit from the provisions contained in the applicable EC block exemption regulation relating to the application of Article 81(3) EC to categories of vertical agreements and concerted practices in the motor vehicle sector (the Motor Vehicle Block Exemption Regulation). Given that the plaintiff, Lust, claimed that these alleged anticompetitive practices dated since 1990, the Commercial Court had to examine the successive applicable Motor Vehicle Block Exemption Regulations (i.e., Commission Regulation n° 123/85, of 12 December 1984, on the application of Article 85 (3) of the Treaty to certain categories of motor vehicle distribution

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • European Chemicals Agency (Helsinki)

Quotation

Jacques Derenne, William Broere, The Belgian Commercial Court of Mons assesses the validity of an alleged anticompetitive car distribution agreement on the basis of Art. 81 EC and the EC block exemption regulation (Daimler-Chrysler), 23 December 2004, e-Competitions December 2004, Art. N° 172

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