Keywords
agency, competition law, prohibition of anti-competitive agreements, exemption of certain categories of vertical agreements
Abstract
Relationships between members of a distribution system can be based on agency agreements and agreements similar to them. From the perspective of Polish competition law, the status of agency relations does not seem clear, however. Arrangements between an agent and a principal within a distribution system are indisputably vertical agreements between undertakings. Nevertheless, a deeper analysis is required with respect to the application to agency agreements of the restrictive agreements prohibition and the rules of the Polish Council of Ministers’ Regulation of 30 March 2011 on the exemption from the prohibition of competition restricting agreements of certain vertical agreements. The article presents a proposal on how to approach agency agreements for the purpose of the application of the ban on anticompetitive agreements, taking into account both the literal interpretation of the 2011 block exemption, previous legislation and relevant case-law. The article presents arguments for an EU competition law inspired approach when assessing agency agreements under Polish competition law.
Recommended Citation
Materna, G. (2013). Application of the prohibition of anticompetitive agreements to agency agreements under block exemption regulation of 30 March 2011. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 2(5), 8-17. Retrieved from https://press.wz.uw.edu.pl/ikar/vol2/iss5/1
First Page
8
Last Page
17
Page Count
9
Publisher
University of Warsaw
