CONFERENCE : REGULATION N°330/2010 - IMPLEMENTATION REGULATION
Implementation difficulties of Regulation N°330/2010: General conditions of exemption (Caen, 4 October 2013)
The second roundtable of the conference held in Caen, the 4th October 2013 was dedicated to the implementation difficulties of Regulation n° 330/2010. David Bosco and Alain Gauvin study the general conditions of the exemption. For Mr Gauvin, the aim is to review post-contract provisions, especially their impact and their proportionality with regards to regulation n°330/2010, the French Competition Authority decisions and French case law and to find out whether these provisions achieve their purpose.
*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. II. Difficulties in applying the Regulation : The general conditions of exemption n°330/2010The problem of crossing market share thresholds [1]
David BOSCO
Professor, University of Aix-Marseille
1. The inclusion of market share thresholds in Regulation 2790/99, along the lines of which Regulation 330/2010 remains, had been rather well received and was seen as a welcome integration of the economic approach into the law on vertical restraints. The analysis of vertical restraints is now based on a more balanced approach, both legal (certain clauses should be avoided) and economic (market shares should be low). And if the parties have a limited market share,
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