Franchising and the EEC competition rules regulation 4087/88 by Valentine Korah

Cover of: Franchising and the EEC competition rules regulation 4087/88 | Valentine Korah

Published by ESC Publishing Limited in Oxford, Eng .

Written in English

Read online

Subjects:

  • Competition, Unfair -- European Economic Community countries,
  • Franchises (Retail trade) -- European Economic Community countries

Edition Notes

Includes bibliographical references.

Book details

StatementValentine Korah.
SeriesEuropean competition law monographs
The Physical Object
Paginationxxiv, 160 p. ;
Number of Pages160
ID Numbers
Open LibraryOL17206856M
ISBN 100906214572

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COMMISSION REGULATION (EEC) No /88 of 30 November on the application of Article 85 (3) of the Treaty to categories of franchise agreements THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community.

COMMISSION REGULATION (EEC) No /88 of 30 November on the application of Article 85 (3) of the Treaty to categories of franchise agreements THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 19/65/EEC of 2 March on the 5/5(1).

In most European countries, the concept of a franchise was adopted through Commission Regulation (EEC) No. /88 of 30 November on. Commission regulation (EEC) No /88 of 30 November on the application of Article 85 (3) of the Treaty to categories of franchise agreements.

Although in most European countries franchise is included under the Commission Regulation /88 EEC, rules on competition law have to be borne in mind. The authors have also taken the opportunity to write much extended chapters on procedure as well as on state involvement in competition. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of EC competition rules across all market sectors.

Instead, the definition introduced by Regulation (EEC) /88 on the application of Article 85(3) of the Treaty to categories of franchise agreements is used. There is a consensus regarding the types of business relationship that constitute a franchise and of the elements essential to, or commonly found in, a franchise relationship.

As a general principle, no obligation concerning the protection of know-how can be imposed on anybody once it has fallen into the public domain (Regulation (EEC) /88 on the application of Article 85(3) [now Article of TFEU] of the Treaty to categories of franchise agreements).

Self-regulation of franchising in the EU does not work 13 This experience of franchising and the impact of competition law on it allowed 2 Decision 87/14/EEC Yves Rocher of 17 December (further Yves Rocher) [OJ EEC L 8/49 of 10 January ], Decision 87/17/EEC Pronuptia of 17 December (further Pronuptia decision) [OJ EEC.

The Regulation excludes the application of Commission Regulation (EEC) No /88 concerning franchising agreements on agreements concerning the distribution and servicing of new motor vehicles and the spare parts therefor [Article 12]. definition of franchising are covered by the EC regulation setting out competition policy for franchise agreements.

Other Member countries include a wider range of distribution relationships in the category of franchises. Many apply a general competition policy towards.

Competition rules EU rules on cartels, market dominance, mergers and state aid, how to report anti-competitive behaviour. Antitrust Antitrust policy in the EU, procedures in anticompetitive case, procedures in abuse of dominance case. ISBN: X OCLC Number: Description: xv, pages ; 25 cm: Contents: Ch.

Introduction --Ch. General Issues Regarding Franchising --Ch. III. Application of EC Competition Rules to Franchising Before Regulation /88 --Ch.

Structure and Scope of the Block Exemption Regulation --Ch. Clauses Exempted Under Regulation /88 --Articles 2 and. This useful text covers the practical aspects of franchising in the European Union. It analyzes the primary European Economic Community Treaty competition rules and examines Commission Regulation /88 of Novemon the application of Article 85(3) of the Treaty.

Published under the Transnational Publishers imprint. Whereas to maintain legal certainty for undertakings, it is appropriate to amend Regulations (EEC) No /83 and No /83 by extending their period of validity until 31 Decemberwhen Commission Regulation (EEC) No /88 of 30 November on the application of Article 85 (3) of the Treaty to categories of franchise agreements (5.See generally VALENTINE KoRAH, FRANCHISING AND THE EEC COMPETITION RULES ().

Commission Regulation /88 provides a block exemption for distribution and service franchises, which might also apply to airline franchises, even if they are not the immediate target. In aviation, this cooperation form has been used by British Air-ways.

- franchise agreements (Regulation (EEC) No /). In addition to the systems described above, the Commission examined another tbm1. of distribution, i.e~ selective distribution. - Distribution Agreements under the EC Competition Rules, with Denis O'Sullivan,Hart Publishing, - Know-how licensing Agreements and the EEC Competition Rules, Regulation /89, ESC/Sweet and Maxwell, - Franchising and the EEC Competition rules, Regulation /88, ESC/Sweet and Maxwell, Commission Regulation /88 of 30 November on the Application of Article 85(3) of the Treaty to Categories of Franchise Agreements, 0J.

(L ) 46 [hereinafter Franchising Block Exemption]. Commission Regulation /85 of 12 December on the Application of. ISBN: OCLC Number: Description: xxv, pages ; 23 cm. Contents: Introduction --Underlying principles and ancillary provisions --The exemption (Article 1) --The white and black lists (Articles 2 and 3) --The opposition procedure (Articles 4 and 11) --Miscellaneous provisions Title: European competition law monograph.

Franchising and the EEC Competition Rules Regulation /88 by V. Korah Franchising and the EEC Competition Rules Regulation /88 by V. Korah (pp. ) Review by: Alison Firth. The Earlier Commission Regulation /88 included a variety of clauses thereby including all the key matters to be included in franchising agreements.

A significant factor to be seen while drafting a franchising agreement under the old Regulation was picking up (amending where appropriate) or discarding the clauses contained in the rules. valentine korah, eec competition law and practice (4th ed. ); val-entine korah, exclusive dealing agreements in the eec: regulation /83 and /83 () (2d ed.

); valentine korah, franchising and the eec competition rules, regulation /88 (); valentine korah, know-how li-censing agreements and the eec competition rules.

Author of An introductory guide to EC competition law and practice, Cases and Materials on Ec Competition Law, An introductory guide to EEC competition law and practice, Competition Law of the European Community, Competition law of Britain and the Common Market, Monopolies and restrictive practices, Know-how licensing agreements and the EEC competition rules regulation /89, EEC rules.

Stanford Libraries' official online search tool for books, media, journals, databases, government documents and more. Exclusive distribution and the EEC competition rules: Regulations /83 and /83 in SearchWorks catalog.

competition law for franchise agreements in the European Community countries, there was a broad consensus that the franchise agreement, which was the subject of a specific block exemption regulation, that is, Regulation /, should be defined 1 Commission Regulation (EEC) No /88 on the application of Art 85(3) of the Treaty to categories.

Thus, Hertz's dipole radiation fields displayed in text books are unlikely to represent the fields he actually studied; but, if photons have finite dimensions, his and recent [20] observations. Publications Received Publications Received Common Market Law Review () Books F.C.L.M.

Crijns, Het Europese perspectief van het Nederlandse staatsrecht (Studiepockets staats- en bestuursrecht). Zwolle: W.E.J. Tjeenk Willink, xii + pages. F.L. Fine, Mergers and joint ventures in Europe: the law and policy of the EEC.

Law Society Gazette, Jun European competition law is the competition law in use within the European Union.

It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society. European competition law today derives mostly from articles to of the.

The latter contains detailed rules governing the formation, capital, manage-ment, employee participation,37 accounts, winding up and mergers of European Franchising Agreements Regulation /88 EEC 28 Dec.

() O.J. L/46, [] 4 C.M.L.R. See Korah, "Franchising Agreements and the EEC Competition. are no specific EC laws governing franchising. Franchising and other business agreements are subject to Article 85 of the Treaty of Rome and the competition laws of each member country. On Novemthe European Economic Commission adopted Commission Regulation /88 known as the "Franchising Block Exemption.".

The majority of European nations have enacted regulations concerning distribution agreements that are far more restrictive and far more complex than those of most American states. Many of the nations, such as Belgium, have enacted laws that void contrary provisions in the distribution agreements, including provisions incorporating the laws of other jurisdictions.

Regulation Nr. /88 (block exemption for franchising agreements) defines know-how (of course commercial know-how, as opposed to technical know-how) as a package of non-patented practical information, resulting from experience and testing by the franchisor, which is secret, substantial and identified (art.

The Block Exemption Regulation N° /88 of 30 November did not give a definition about franchising, but a definition of “franchise”, in its Article “”Franchise” means a package of industrial or intellectual property rights relating to trade marks, trade names, shop signs, utility models, designs, copyrights, know-how or.

These regulations (which are to come into force on 1 February and 1 April respectively), along with the similar patent licensing regulations passed inaim to provide in the context of Community competition policy a legal framework regulating technology transfer in the EEC. - exclusive distribution agreements (Regulation EEC /83 (2), - exclusive purchasing agreements (Regulation EEC /83 (3) - franchise agreements (Regulation EEC /88 (4).

The Commission asserts that the legalistic approach, based on contractual provisions, adopted by the current group exemption system, has been subject to criticism.

" Book Vertical Agreements The New Regulation In Context " Uploaded By Edgar Rice Burroughs, introduction 1 vertical agreements the new regulation publish by robert ludlum vertical agreements european commission competition commission regulation commission regulation of 20 april on the application of article.

The EU Regulation /88 EEC regarding franchising provides a unified code for all the member states. Its primary focus concerns price fixing, transfer pricing, non-competition clauses, and exclusive dealing.

It also exempts certain franchise agreements from the EU anti-trust regulations. As regards FNK's recommended rates, the applicants refer to Article 5 of Commission Regulation (EEC) No /88 of 30 November on the application of Article 85(3) of the Treaty to categories of franchise agreements (OJ Lp.

46), to Article 1(1) of Council Regulation (EEC) No /91 of 31 May on the application of.Federal Register/Vol. 72, No. 61/Friday, Ma /Rules and Regulations 6 43 FR (Dec. 21, ). Along with the original Rule, the Commission published a Statement of Basis and Purpose (‘‘original SBP’’), 43 FR (Dec.

21, ) and later Final.from the prohibition of article 85(1), EEC, pursuant to the exempting power provided for in article 85(3), EEC. There is no space here to go into the detail of these rather technical enactments. Suffice it to say that Regulation /88 follows the general principles .

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