Примери коришћења Vertical agreements на Енглеском и њихови преводи на Српски
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What are vertical agreements?
Opinion on the implementation of most favorable conditions in vertical agreements.
Share, if the agreement has the features of both horizontal and vertical agreements, or where it is difficult to determine whether the agreement is vertical or horizontal.
And 95/13 and the Regulation on agreements between undertakings operating at the different level of production or distribution chain exempted from the prohibition("Official Gazette of the RS", no. 11/2010,hereinafter referred to as the Vertical Agreements Block Exemption).
Excluded contracts fall into the category of vertical agreements and contracts that establish a system of selective distribution of sales and retreading Michelin tires at the retail level.
In accordance with the provisions of mentioned article, agreements of minor importance are allowed,unless the purpose of vertical agreements is price setting or division of market.
The exemption provided for in Article 3 herein shall apply to vertical agreements on condition that the market share of each of the parties to the agreement does not exceed 25% on the relevant market(s).
Hence, Article 14 of the Law stipulates that even agreements of minor importance are not allowed if the purpose of vertical agreements is price setting or division of market.
On the basis of analysis results, a regulation on the group exemption of vertical agreements in the motor vehicle sector will be drafted, thus transporting the EU Commission Regulation 461/2010 into our legislature.
Article 14 of the Law defines agreements of minor importance that are permissible, unless if the purpose of horizontal agreements is price setting or limitation of production or sales, or division of sourcing market, andalso if the purpose of the vertical agreements is price setting, or division of market.
Transitional and final provisions Article 7 Vertical agreements which have been concluded before this Regulation enters into force must be brought in compliance with the provisions of this Regulation within three months from the entry into force of the Regulation.
Pursuant to the Regulation on vertical agreements, selective distribution agreements are exempt from the prohibition if they do not contain additional restrictions that are dispensable for the establishment of selective distribution system.
Notwithstanding this provision(see Article 5, paragraph 2, item 1 of the Regulation), vertical agreements can contain provisions aimed at restricting active buyer in the territory, or customer group, that seller reserved for own sale, or in the territory that the seller exclusively assigned to another buyer, provided that this does not limit the further sale of the customer's customers.
When observing agreements that manufacturers and/or general dealers have with spare parts dealers and authorized repairers,they cannot be encompassed by the block exemption from the Regulation on vertical agreements due to the exclusive rights that manufacturers/general dealers have on the spare parts market of individual brand.
In accordance with the above-mentioned, we emphasize that distribution agreement, that is, vertical agreements must fulfil all conditions from Article 11 of the Law, and point to the obligation to submit request for individual exemption from the prohibition within the meaning of provisions of Article 12 of the Law on Protection of Competition.
Keeping in mind that the inquiry conducted by the Institute estimates that market shares of undertakings in the motor vehicles sector do not exceed 25%,which is established as a threshold envisaged by the Regulation on vertical agreements, there is a possibility that individual restrictive provisions contained in these agreements are exempt pursuant to the regulation.
This further entails the right and liability of individual parties in selective distribution agreements to independently estimate if concrete, additional limitation in each individual case is necessary for the establishment of selective distribution system, andif the agreement that contains such limitation would be exempt from the prohibition in terms of the Regulation on vertical agreements.
Due to the failure to fulfil any of the conditions prescribed by the existing Regulation on vertical agreements, the exemption by categories of agreements shall not be applied, and in such case, agreement participants should submit the request for individual exemption from prohibition.
Price fixing in further sales and territorial restrains within the Republic of Serbia where buyers may sell or resell the contract goods are restrictions of competition"by object", and are considered prohibited andvoid pursuant to Article 10 of the Law and Regulation on vertical agreements, and are contrary to Article 73 of the Stabilization and Association Agreement. .
In terms of further classification of vertical agreements, submitted agreements might classify as agreements within the selective distribution system, that is, distribution system under which the seller undertakes to either directly or indirectly sell contract product only to distributors/dealers selected on the basis of particular(clear and objective) criteria, whereas the distributor undertakes not to sell contract product or provide services to distributors outside the established distribution system.
Also, agreements of minor importance are allowed provided that the total market share of the participating parties on the relevant market does not exceed amounts set in Article 14 of the Law, unless the purpose of horizontal agreement is price setting or limitation of production or sales, ordivision of sourcing market, as well as if the purpose of vertical agreements is price setting or division of market.
Existing regulations in the Republic of Serbia do not include separate regulation that would regulate the subject of exemption from prohibition of agreements on distribution of spare parts for motor vehicles and provision of repair services of motor vehicles, as existing in the EU acquis communautaire(EU Regulation 461/2010), but restrictive elements of these agreements, under specified conditions,might fall under the existing Regulation on vertical agreements.
Imposing such obligation on buyers represents a restriction that no vertical agreement should contain.
Imposing such obligation against any buyer represents a restriction which no vertical agreement should contain.
Where the agreement between agent and principal does not constitute a"genuine agency" agreement as previously described, the agent will be treated as an independent undertaking and the agreement(contract) between agent andprincipal would fall within the scope of Article 10 of the Law as any other vertical agreement.
Article 14 of the Law defines agreements of lesser importance which are permissible, except if the aim of horizontal agreements is price fixing or restriction of production and sale, i.e. sharing of market supply, as well as if the aim of vertical agreement is price fixing, i.e. market sharing.
Agreements of minor importance are allowed unless the purpose of the horizontal agreement is determination of prices or limitation of production or sale, or the division of the supply market, as well as if the purpose of the vertical agreement is determination of prices, or the division of the market.