CASE COMMENT : ANTICOMPETITIVE PRACTICES - CAR DISTRIBUTION - BLOCK EXEMPTION - HARDCORE RESTRICTION

Car distribution : The ECJ rules that from the 1st October 2003, the distribution contracts concluded under regulation 1475/95 but containing hardcore restrictions according to the article 4 of the regulation 1400/2002 can not benefit from the block exemption. All the clauses restrictive of competition contained in such a contract can potentially be forbidden by article 81 § 1 EC, if the conditions of an individual exemption under article 81 § 3 EC are not fulfilled (BMW)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is recalled that on 7 September 2006, the Court of Justice of the European Communities (ECJ) held that the European Communities in the case of Vulcan Silkeborg (C-125/05), in response to references for a preliminary ruling from the Bundesgerichtshof (Germany) lodged in application of Article 234 EC, which states that "entry into the Community Commission Regulation (EC) No 1400/2002 of 31 July 2002, concerning the application of Article 81(3) of the EC Treaty to the categories of vertical agreements and practices concerted action in the automotive sector, did not, in itself, render the reorganization of the distribution network of a supplier within the

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Car distribution : The ECJ rules that from the 1st October 2003, the distribution contracts concluded under regulation 1475/95 but containing hardcore restrictions according to the article 4 of the regulation 1400/2002 can not benefit from the block exemption. All the clauses restrictive of competition contained in such a contract can potentially be forbidden by article 81 § 1 EC, if the conditions of an individual exemption under article 81 § 3 EC are not fulfilled (BMW), 30 November 2006, Concurrences N° 1-2007, Art. N° 55115, www.concurrences.com

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