[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
RE: Typical
EC Commission considers some kind of clauses as per se prohibited in vertical agreements. For instance the exclusivity in vertical agreements. Due to that, article 85º, nº1, of the EC Treaty covers so many pro-competitive agreements.
To abandon that policy means to trust in national courts in the application of articles 85º and 86º. National courts in the European Community are not well prepared to that task.
What do you think on that?
Fernando Ricardo
----- Mensagem original -----
De: Lewis A. Mettler [SMTP:lmettler@lamlaw.com]
Enviada em: Quinta-feira, 25 de Março de 1999 17:41
Para: Multiple recipients of list ANTITRUST
Assunto: Re: Typical
The problem is not with the "clause". Any problem is based upon the two
parties entering into the agreement.
For example, if Microsoft and an ISP enter into an exclusive agreement
of some kind, it might be just fine for the ISP but illegal for
Microsoft.
Fernando Pereira Ricardo wrote:
>
> Typical clauses in the supply and distribution agreements, exclusivity and non competition and so on. What do you think on this subject ?
--
Lewis A. Mettler, Esq.(Attorney and Software Developer)
lmettler@LAMLaw.com
http://www.lamlaw.com/ (web site reviews Microsoft antitrust transcripts
daily)
application/ms-tnef