Merola, Massimo; Armati, Leonardo --- "Vertical Restraints and Online Sales in the Era of Modernization: Is the New Regime ‘Modern’ Enough?" [2011] ELECD 788; in Govaere, Inge; Quick, Reinhard; Bronckers, Marco (eds), "Trade and Competition Law in the EU and Beyond" (Edward Elgar Publishing, 2011)

Book Title: Trade and Competition Law in the EU and Beyond

Editor(s): Govaere, Inge; Quick, Reinhard; Bronckers, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857935663

Section: Chapter 19

Section Title: Vertical Restraints and Online Sales in the Era of Modernization: Is the New Regime ‘Modern’ Enough?

Author(s): Merola, Massimo; Armati, Leonardo

Number of pages: 19

Extract:

19. Vertical restraints and online sales
in the era of modernization: is the
new regime `modern' enough?
Massimo Merola and Leonardo Armati

19.1 INTRODUCTION

Initiated in the late 1990s, the modernization of European competition law
is a complex process that was born out of several historical factors. While
the prospect of enlargement by itself triggered the modernization process,
other factors also played a crucial role. Among these were, namely, the
increasing globalization of the economy and the need to promote integra-
tion, efficiency and competitiveness within the single market. These factors
drove the Commission to abandon some of its previous dogmas on anti-
competitive practices and use economic theory as a source to develop its
policy and rules, and employ thorough factual analysis as a primary tool
for the enforcement of these rules.
The effects-based approach is an essential component of the moderniza-
tion of European competition law and encompasses action in all its fields,
from state aid to restrictive agreements, from abuse of dominance to merger
control.
Vertical restraints, in particular, were an ideal candidate for an early
application of the new approach and the Commission's 1996 Green Paper
on vertical restraints, which preceded the adoption of Regulation No.
2790/1999,1 represents a milestone in the modernization process. As a result



1
Commission Regulation (EC) No. 2790/1999 of 22 December 1999 on the
application of Article 81(3) of the Treaty to categories of vertical agreements and
concerted practices (Text with EEA relevance), OJ ( ...