THE NEW DEVELOPMENT OF VERTICAL RESTRAINTS IN EC COMPETITION LAW－FOCUSING ON COMMISSION REGULATION NO. 2790/1999

• Main Authors: HUANG, PO-CHUN, 黃博駿
• Other Authors: HO, JI-MING
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/97423417065864463934

碩士 === 國立臺北大學 === 法學系 === 95 === The term “Vertical Restraints” means restraints between two or more undertakings each of which operates at a different level of the production or distribution chain, which relating to the selling prices of the production, the condition of sales, or the pattern of the administration. Generally, according to the types of vertical restraints, it can be defined into “vertical price restraints” and “vertical non-price restraints”. However, vertical restraints are generally less harmful than horizontal restraints or dominant abusiveness, furthermore in a number of situation it may be pro-competitive Thus, in evaluating the effect of vertical restraints economic context shall be take into account, for example: market position of the supplier, market position of the buyer, entry barriers, level of trade, nature of product…etc. In order to analyse the legislation of vertical restraints in Taiwan, and set up the criterion for individual case, this article discuss the new development of vertical restraints in EC Competition Law especially focus on EC Commission Regulation NO. 2790/1999 and experience of enforcement. The first section of this article illustrates the purposes, methods, and limitation of this study. The second section address the criticism of the previous block exemption and the new approach to vertical restraints. The third and fourth section discuss the scope of application and analyses the advantage or the difficulties in Commission Regulation NO. 2790/1999. The fifth section can be divide into two part, the first one is about agreements fall outside the scope of application of the Regulation, the other one summarize the general rules of individual exemption. The seventh part review relevant case in Taiwan. The final part is the conclusion.