CONFERENCE : REFORM OF VERTICAL DISTRIBUTION - PARIS - 27 MAY 2010

Roundtable IV-Agency(Paris, 27 May 2010)

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This 4th roundtable of the Paris 27 May 2010 conference was dedicated to the issue of agency. The application of the prohibition of restrictive agreements to agency agreements remains particularly tricky to deal with. The European Commission applying its theory elaborated throughout its guidelines, has set out very strict criteria which, in its point of view, allowing to fix if an agency agreement falls under the scope of article 101 § I of the TFEU. We shall regret that the Commission excluded some criteria fixed by case law and that its interpretation leads to subject most of agency agreements, in all their provisions, to the prohibition of restrictive agreements.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. REFORM OF VERTICAL RESTRAINTS: THE CHALLENGES OF THE ENTRY INTO FORCE OF THE NEW REGULATION - PARIS, 27 MAY 2010 ROUND TABLE IV: THE FUTURE OF THE AGENCY: COMMISSION AGENTS, AFFILIATED COMMISSIONAIRES OF THE STATUTES AT RISK? Agency Agreement and Prohibitions on Agreements : Are the distinguishing criteria in the guidelines between "true" and "false" agents really applicable? Fabio BORTOLOTTI Lawyer Professor at the University of Turin Nicolas GENTY Lawyer I. Introduction 1. The principle of inapplicability of Article 101 to agents 1. The principle of the inapplicability of the prohibition of cartels to agency [1] contracts was established by the

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