*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 I: Enhanced Economic Analysis: Market Power, Efficiency Gains Does the new approach make a difference? The reform of the vertical guidelines and economic analysis: Presentation Thibaud VERGE* Chief Economist, Competition Authority 1. The European Commission has recently published a new exemption regulation concerning vertical restraints (Regulation 330/2010 of 20 April 2010) which has been in force since 1 June 2010. This reform of the regulation has also been the occasion to publish new guidelines. As has been frequently
CONFERENCE - REFORM OF VERTICAL DISTRIBUTION - PARIS - 27 MAY 2010
Conference - Reform of vertical distribution - Roundtable I : A stronger economic analysis : Market power, efficiency gains... What changes for the new approach? (Paris, 27 May 2010)
This first roundtable of the conference “Reform of vertical distribution”, Paris, 27 may 2010, is dedicated to the role of economic analysis. The economists insist that the reform is a mere update of the vertical guidelines rather than a massive change with regard to economic analysis. It is nevertheless the less important to identify some major changes such as the clarification of the absence of any per se rule, the possibilities offered to sell online within selective distribution networks and the introduction of the double market share threshold. One should also recognize the important effort made to develop the various sections presenting the pro- and anticompetitive effects of various types of restraints. On the other hand, the lawyer focuses on the abolition of the unrebuttable character of presumptions of illegality attached to the black-listed restrictions in the new Regulation. This adjustment paves the way for a stronger economic analysis which can now use the argument of efficiency gains. This new situation is specially appreciable concerning resale price maintenance. By contrast, the introduction of a double market share threshold to be able to presume the absence of market power is not so convincing.
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