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Approved the basic principle of acceptance of the applicable categories of verticaux on the European Union, the Commission of Concurrence Suisse proposes à their tour a day of communication on verticaux accords and explicit notes. The modifications proposed to inspire certification of the rules of the UE, but continued to reveal its central questions in the spirit of a “Swiss Finish”.
Deposit 1er As of June 2022, the new Regulation on Exemption in the Applicable Categories for Vertical Accords (“REC”) is in the UUE. In Suisse, the Commission of Concurrence (“COMCO”) has mentioned the adaptation of communication on the vertical accusations of recent developments in this domain. At the end of the day, COMCO published this new project on the new Communication on vertical accords and the Explicit and Affirmative Note (“Project”). The parties interested in the pre-position position on July 2, 2022.
The main modifications are still relevant as suit:
Plus the possibilities for exclusive and selective distribution
The entrepreneurial aurora has the advantage of the structure of its distribution systems.
Also, it is possible to disable metrics in an exclusive distribution space, in the category of a local or client whose attributes are exclusive to manipulators maximum cinq acheteurs or maximum, who are not interested in distributing real-time products. territories or groups of clients.
On the other hand, the active interventions of sales and distribution have already disrupted the distribution of information à from the inferior distribution network, which is often said to be the best way to impress our clients.
Finally, it is important to note that not only dissociation, the exploration parallels a system of exclusive distribution on the territories of the territories and a selective system of distribution of the territories beyond the other authoritative and that the system of distributed distribution Our project is an interdiction of passive passive effects by exclusive distributors of other territories.
Changements report on double distribution
The REC project inspires REC to create constellations in an entrepreneurially distributed e-commerce product with one of its proprietary distribution resources and the other part of the distributors’ dependents (“double distribution”). In particular, the manipulative analogy which is prevalent in the UE, the exchange of information between the partners of the double distribution does not disrupt the communication between the vertical verbs of communication that are directly related to the object in the eye. The vertical record in concurrence and the process is not easy to facilitate the production or distribution of goods or services without the need for contracts. Controlling the direct lines on the vertical restrictions of the European Commission, the project does not support other procedures in this regard.
Changes in the domain of commerce
In the domain of commerce in law, the project represents the regulation of the UE in line with the services of intermediation in law and in the future, it is safe to say that vertical accords in concordance in this domain are not very important. Double distribution if the fourteenth of the services of the internship is a concurrent sur march on the cause for the sale of goods or services to facilitate the intermediation.
On the other hand, managing analogs to REC, the project proves that certain restrictions on ventures are in or out of the list, noting what is interesting.
de facto ache The Internet operator to sell sales or contract services, constitutes a qualitatively restrictive grave à the concurrence.
In fact, it is not possible to get the printer out of the problem, to exempt, from restrictions relatives à la mani dore dont les biens o services contractuels dovent être vendus en ligne aisi que des restrictions relatives à l’utilisation de certain canaux de vente en ligne (par exemple les places to march).
Finally, the double prix regimes (exaggerate to pay attention to a different prix from the gross different seasons that the producers have sold out or lost or lost) are not considered in the princess as probable There are differences between investments and co-entries between canaux respects.
Notability of party clauses
In agreement with the actual practice, the communication on the vertical verbs accords dispose of expressions that express the obligations of the political attendant, which incite the attendant of the services of intermediation in law (as exemplified by the protection of the h platetels platforms). offers its products to consumer financiers conditions the conditions plus avantageuses on the services of interconnection in ligne, sont and principe problems. The obligations of the Troit party, which interdisciplinary uniquely a sous-enchant de prix sur les canaux directs the l’echteur (by exemplifying the lui-même hotel), dove and revive the restored authors.
What is the responsibility for nonconcurrence obligations?
In its direct lines on vertical restrictions, the European Commission has decided that the non-concurrence of vertical accords should be concluded for a period of time, but recondition tacitment of this period, not so much as a prince’s probability. There is the possibility of reconciliation or reconciliation. The COMCO also recently renamed its project à Integrate this novelty, so as not to compromise on distribution practices.
Removal impressions on the prix of the reincarnation
However, the European Commission did not give its directives on indications on the circus in the first place to impose a precedent on its authority, the COMCO said in a statement.
Also, the recommendations of the Prix are not potentially the same as the basic problems and regardless of the droit cartels for the cascades or other onto effectively the sale of the Prix of the Venti fixes or minimums in the presses or induction exercises at the time of the enterprises. concernsées. The note clearly does not mention the pressures or incitations that seem to be possible to confirm the vertical agreement on the prix. The concert process will be followed by an acknowledgment of the full resolution of a communication intensive interaction with the primer.
Resources and perspectives
If the project inspires a big part of the revision in the course of the UE, it will be able to deliver on the central questions. The “Swiss-Finnish” existent jusqu’à present in the drop of distribution sera ainsi now. This signifies that in the practice of droit de la distribution, the contracts ayant des effats en suisse continueront à examtre examinen selon les règles suisses plus strictes. The rest will depend on whether the pre-regulation precedes the encore of one more European regulation suite à the procurement of consultation.
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