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.
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