ARTICLES: MARKET SHARE THRESHOLDS - REGULATION 2790/1999 - SINGLE BRANDING - EXCLUSIVE PURCHASING -UPCOMING REVIEW - VERTICAL AGREEMENTS

Exclusive dealing, market shares and the safe harbour of EC Reg. 2790/1999: Time for a rethink?

The present paper discusses whether the market share thresholds enshrined in Regulation 2790/1999 correctly apprehend the foreclosure risks arising from single branding and exclusive purchasing obligations. As far as the risks of customer foreclosure arising from single branding obligations are concerned, it comes to the conclusion that Regulation 2790/1999 wrongly focuses on the market share of the seller and should concentrate on the market share of the purchaser. In addition, in so far as the input foreclosure risks arising from exclusive purchasing are concerned, Regulation 2790/1999 should focus on the market share of the seller. In the context of the upcoming review of the rules applicable to vertical agreements, the European Commission should seek to address this problem.

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Authors

  • European University Institute (Florence)
  • Abenhaïm Avocat (Brussels)

Quotation

Nicolas Petit, Marc Abenhaïm, Exclusive dealing, market shares and the safe harbour of EC Reg. 2790/1999: Time for a rethink?, September 2009, Concurrences N° 3-2009, Art. N° 26714, pp. 39-48

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