CONFERENCE : CAEN - TR3

Implementation difficulties of Regulation N°330/2010: Specific issues to certain forms of distribution (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. Christophe Alleaume and Miguel Troncoso Ferrer study in this contribution the specific issues to certain forms of distribution. For Christophe Alleaume, the Commission Regulation (EU) n°330/2010 is obviously in favor of the online selling. First, as a principle, it is not allowed to forbid the online distribution in the context of vertical agreements. Second, there are very few exemptions/ opting-out clauses (some are legal only if they do not have any anticompetitive effect). Nevertheless, the “under statute” of the pure players is regrettable. It is a point which is worthy of further consideration. Miguel Trencoso Ferrer’s contribution aims to provide an analysis of the selection criteria that might be applied within a selective distribution network, on the basis of the criteria laid down in Regulation 330/2010, the Guidelines on Vertical Restraints, and the recent case law of the European Court of Justice. It also examines how in practice the aforementioned criteria can be enforced by undertakings in the market. Finally, drawing lessons from the legal texts analyzed, some thoughts are given on the likely future course of selective distribution.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. II. Difficulties in applying the Regulation : Problems specific to certain forms of distributionOnline distribution Christophe ALLEAUME Professor, University of Caen - Lower Normandy 1. The reading of Commission Regulation No 330/2010 of 20 April 2010 on the application of Article 101(3) TFEU to categories of vertical agreements and concerted [1]practices , combined with Chapter 3 of the Guidelines on Vertical [2]Restraints , shows - clearly - the European Commission's favour for online distribution: it is, in principle, "prohibited to prohibit" this form of distribution in vertical[L. Idot, New practices in online sales.]]agreements . Such a

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Miguel Troncoso Ferrer, Christophe Alleaume, Implementation difficulties of Regulation N°330/2010: Specific issues to certain forms of distribution (Caen, 4 October 2013), February 2014, Concurrences N° 1-2014, Art. N° 63017, www.concurrences.com

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