The New Block Exemption Regulation and Croatian Competition Law
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| 024 | 7 | 0 | |a 10.2202/1535-167X.1106 |2 doi |
| 035 | |a (NATIONALLICENCE)gruyter-10.2202/1535-167X.1106 | ||
| 100 | 1 | |a Horak |D Hana Klein |u 1University of Zagreb Faculty of Economics, hhorak@efzg.hr | |
| 245 | 1 | 4 | |a The New Block Exemption Regulation and Croatian Competition Law |h [Elektronische Daten] |c [Hana Klein Horak] |
| 520 | 3 | |a The EU Commission has swayed away from the voice of industry by adopting an economic approach to the assessment of agreements under EU competition rules. These new rules have brought about some radical changes. The key factor for determining whether an agreement can be exempted will now be the level of the combined market share of the parties to the agreement /market share threshold/ and whether an agreement contains a prohibited restriction on competition list of hard core restrictions/. The New Block Exemption Regulation 2790/99/ lays down the basic rules on when and how distribution agreements can be exempted from Article 81 EC Treaty prohibition. Distribution agreements are regarded as anti-competitive, because they prevent competitors from entering into a specific distribution territory or product range. On the other side, they promote distribution and help manufacturers to enter into new markets. These agreements are very important for the functioning of the economy. The Block Exemption Regulation has been adopted for exclusive distribution agreements, selective distribution agreements, exclusive purchasing agreements and franchising. The new Regulation provides similar legal framework to the American one .The Law on the Protection of Market Competition of Croatia is based on the experience with the EC Competition Law and is in line with its Article 81. This law shows that in Croatia, the importance of the competition law as a part of economic law has been recognized since 1995. The Law sets the basis for the balancing of disadvantages and benefits for certain types of agreements (including distribution agreements) which, although they restrict competition to a certain extent, have to be considered as useful and efficient in the business sense. Also, there has been a revision of the Croatian Commercial Act , which has integrated the distribution agreements in the Croatian legal system. Due to all these positive changes and having in mind that Croatia is approaching the European economic integration, special attention must be paid to any legislative changes in theEU. For a further development of the Croatian competition law, the harmonization with this new Regulation will be a great challenge. Special attention must be paid to the way this new Regulation, together with an economic analysis, will be accepted in EC law and practice, because long after the new rules will have been introduced, many people in industry may remain puzzled by the complexity of these radical changes. | |
| 540 | |a ©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston | ||
| 690 | 7 | |a competition law |2 nationallicence | |
| 690 | 7 | |a competition law |2 nationallicence | |
| 690 | 7 | |a new rwgulation |2 nationallicence | |
| 690 | 7 | |a distribution agreements |2 nationallicence | |
| 690 | 7 | |a vertical agreements |2 nationallicence | |
| 690 | 7 | |a market share treshold |2 nationallicence | |
| 690 | 7 | |a economic analysis |2 nationallicence | |
| 690 | 7 | |a hardcore reastrictions |2 nationallicence | |
| 690 | 7 | |a black list |2 nationallicence | |
| 690 | 7 | |a block exemption |2 nationallicence | |
| 773 | 0 | |t Global Jurist Topics |d De Gruyter |g 4/1(2004-02-19) |q 4:1 |1 2004 |2 4 |o gj | |
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| 950 | |B NATIONALLICENCE |P 856 |E 40 |u https://doi.org/10.2202/1535-167X.1106 |q text/html |z Onlinezugriff via DOI | ||
| 950 | |B NATIONALLICENCE |P 100 |E 1- |a Horak |D Hana Klein |u 1University of Zagreb Faculty of Economics, hhorak@efzg.hr | ||
| 950 | |B NATIONALLICENCE |P 773 |E 0- |t Global Jurist Topics |d De Gruyter |g 4/1(2004-02-19) |q 4:1 |1 2004 |2 4 |o gj | ||
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