Keywords
Summary

Keywords

1 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - SYSTEMS OF SELECTIVE DISTRIBUTION - PROHIBITION - CONDITIONS - DECISION TO EXEMPT - POWER OF COMMISSION ALONE

( EEC TREATY , ART . 85 ; REGULATION NO 17 OF THE COUNCIL , ART . 9 ( 1 ))

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - NOTIFICATION - DECISION BY COMMISSION TO TAKE NO ACTION - LEGAL NATURE - EFFECT ON APPRAISAL BY NATIONAL COURTS OF THE AGREEMENT IN QUESTION

( EEC TREATY , ART . 85 )

3 . COMPETITION - AGREEMENTS , DECISION AND CONCERTED PRACTICES - PROHIBITION - DECISIONS TO EXEMPT - RELIANCE THEREON AS AGAINST THIRD PARTIES

( EEC TREATY , ART . 85 ( 3 ))

4 . COMPETITION - DOMINANT POSITION - ABUSE - CONCEPT

( EEC TREATY , ART . 86 )

Summary

1 . THE AGREEMENTS LAYING DOWN A SELECTIVE DISTRIBUTION SYSTEM BASED ON CRITERIA FOR ADMISSION WHICH GO BEYOND A MERE OBJECTIVE SELECTION OF A QUALITATIVE NATURE EXHIBIT FEATURES MAKING THEM INCOMPATIBLE WITH ARTICLE 85 ( 1 ) OF THE EEC TREATY WHERE SUCH AGREEMENTS , EITHER INDIVIDUALLY OR TOGETHER WITH OTHERS , MAY , IN THE ECONOMIC AND LEGAL CONTEXT IN WHICH THEY OCCUR AND ON THE BASIS OF A SET OF OBJECTIVE FACTORS OF LAW OR OF FACT , AFFECT TRADE BETWEEN MEMBER STATES AND HAVE EITHER AS THEIR OBJECTIVE OR EFFECT THE PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION . IT IS FOR THE COMMISSION ALONE , SUBJECT TO REVIEW BY THE COURT , TO GRANT AN EXEMPTION IN RESPECT OF SUCH AGREEMENTS UNDER ARTICLE 85 ( 3 ).

2 . A LETTER SIGNED BY AN OFFICIAL OF THE COMMISSION INDICATING THAT THERE IS NO REASON FOR THE COMMISSION TO TAKE ACTION PURSUANT TO ARTICLE 85 ( 1 ) OF THE EEC TREATY AGAINST A DISTRIBUTION SYSTEM WHICH HAS BEEN NOTIFIED TO IT , MAY NOT BE RELIED UPON AS AGAINST THIRD PARTIES AND IS NOT BINDING ON THE NATIONAL COURTS . IT MERELY CONSTITUTES AN ELEMENT OF FACT OF WHICH THE NATIONAL COURTS MAY TAKE ACCOUNT IN CONSIDERING THE COMPATIBILITY OF THE SYSTEM IN QUESTION WITH COMMUNITY LAW .

3 . DECISIONS TO GRANT EXEMPTION UNDER ARTICLES 85 ( 3 ) OF THE EEC TREATY GIVE RISE TO RIGHTS IN THE SENSE THAT THE PARTIES TO AN AGREEMENT WHICH HAS BEEN THE SUBJECT OF SUCH A DECISION MAY RELY ON THAT DECISION AS AGAINST THIRD PARTIES WHO CLAIM THAT THE AGREEMENT IS VOID ON THE BASIS OF ARTICLE 85 ( 2 ).

4 . THE BEHAVIOUR OF AN UNDERTAKING MAY BE CONSIDERED AS AN ABUSE OF A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY WHERE THE UNDERTAKING ENJOYS IN A PARTICULAR MARKET THE POWER TO BEHAVE TO AN APPRECIABLE EXTENT INDEPENDENTLY OF ITS COMPETITORS , ITS CUSTOMERS AND THE CONSUMERS AND WHERE ITS BEHAVIOUR ON THAT MARKET , THROUGH RECOURSE TO METHODS DIFFERENT FROM THOSE WHICH CONDITION NORMAL COMPETITION ON THE BASIS OF THE TRANSACTIONS OF TRADERS , HINDERS THE MAINTENANCE OR DEVELOPMENT OF COMPETITION AND MAY EFFECT TRADE BETWEEN MEMBER STATES .