Vertical Agreements and the EC Competition Rules

by Wijckmans, Frank; Tuytschaever, Filip; Vanderelst, Alain

• ISBN13: 9780199285815
• ISBN10: 0199285810
• Format: Hardcover
• Copyright: 2006-07-20
• Publisher: Oxford University Press

Summary

This book analyzes the EC competition rules applicable to vertical agreements, including Regulation 2790/99 (the general block exemption applicable to vertical agreements), Regulation 1400/2002 (the motor vehicle block exemption) and also vertical agreements not covered by a block exemption. The book includes informal guidance obtained from DG Competition.

Author Biography

Frank Wijckmans: Belgian - Wilrijk (Antwerp), 11 April 1962
Founding Partner at Vanderelst Wijckmans Everaert Witters & Vennoten
Member of the Brussels Bar Filip Tuytschaever: Belgian - Deinze, 30 October 1968
Partner at Vanderelst Wijckmans Everaert Witters & Vennoten
Member of the Brussels Bar
Lecturer EU competition law, University of Brussels Alain Vanderelst: Belgian - Antwerp, 30 November 1959
Founding Partner at Vanderelst Wijckmans Everaert Witters & Vennoten
Member of the Brussels Bar

Table of Contents

Table of Cases and Decisions	xxv
Table of Treaties and Legislation	xxxiii
I. INTRODUCTORY
General Introduction
Scope, Methodology, and Plan	1	(9)
Articles 81 and 82 EC
General	10	(2)
Article 81 EC	12	(2)
Article 82 EC	14	(2)
Relation between Articles 81 and 82 EC	16	(2)
Implementation of Articles 81 and 82 EC	18	(31)
Implementation of Articles 81 and 82 EC according to Regulation 17
Centralized notification and authorization system	19	(2)
Consequences of the centralized notification and authorization system	21	(1)
Adjustments to the centralized notification and authorization system	22	(2)
Implementation of Articles 81 and 82 EC according to Regulation 1/2003
General	24	(4)
Abolition of the notification requirement	28	(1)
Decentralized application of EC competition law	29	(1)
Decentralized application by NCAs	30	(1)
Decentralized application by national courts	31	(1)
The importance of the `effect on trade' concept	32	(2)
Relationship between EC and national competition law The convergence rule	34	(3)
Convergence and Article 81 EC	37	(4)
Convergence and unilateral behaviour (including Article 82 EC)	41	(6)
Uniform application of EC competition law	47	(1)
Relevance of block exemption regulations	48	(1)
Regulations 2790/99 and 1400/2002
Introduction	49	(2)
Background to Regulation 2790/99	51	(5)
Background to Regulation 1400/2002	56	(6)
Enforcement of Articles 81 and 82 EC	62	(19)
Public enforcement	63	(3)
Public enforcement by NCAs	66	(1)
Public enforcement by the Commission	67	(2)
Private enforcement	69	(1)
Direct effect of Articles 81 and 82 EC	70	(1)
Consequences of infringement of Article 81 (and 82) EC according to Article 81 (2) EC	71	(1)
Consequences of infringement of Article 81 (and 82) EC according to national law	72	(1)
Private enforcement as a `shield' and a `sword'	73	(1)
Private enforcement as a `shield'	74	(4)
Private enforcement as a `sword'	78	(3)
Hard v Soft EC Competition Law
General	81	(2)
The legal nature of the guidelines	83	(4)
The conscquences of the guidelines (Regulation 2790/99)	87	(1)
For the Commission	88	(1)
For third parties	89	(1)
Community courts	90	(2)
NCAs and national courts	92	(2)
Market players	94	(2)
The legal and practical effects of the Explanatory Brochure and the Frequently Asked Questions (Regulation 1400/2002)	96
II. VERTICAL AGREEMENTS UNDER REGULATION 2790/99
Material Scope of Application of Regulation 2790/99
Introduction	1	(2)
Methodology: Seven Key Questions	3	(24)
First question: effect on trade between member states	6	(3)
Second question: vertical agreements	9	(5)
Third question: vertical restraints	14	(2)
Fourth question: applicability of other block exemption regulations	16	(2)
Fifth question: market share limit of 30%	18	(2)
Sixth question: intellectual property rights	20	(2)
Seventh question: involvement of competitors or associations of undertakings	22	(3)
The outcome of the review of the seven key questions	25	(2)
First Question: Effect on Trade Criterion
Introduction	27	(3)
Regulation 1/2003 and the `effect on trade' concept	30	(1)
Guidelines on the `effect on trade' concept	31	(1)
Effect measured at the level of the agreement as a whole	32	(3)
No link with a restriction of competition required	35	(1)
`May affect'
Definition	36	(3)
Sufficient degree of probability	39	(2)
Influence on the pattern of trade between Member States	41	(1)
Direct or indirect influence on the pattern of trade	42	(1)
Actual or potential influence on the pattern of trade	43	(2)
`May affect appreciably'
General	45	(1)
Quantification of appreciability: SMEs	46	(3)
Quantification of appreciability: presumptions	49	(1)
Quantification of appreciability: negative presumption	50	(8)
Quantification of appreciability: positive presumption	58	(1)
Case-by-case assessment	59	(1)
Summary overview of the effect of vertical agreements on inter-State trade	60	(1)
Second Question: Vertical Agreements
Introduction
Article 81(1) EC and vertical agreements	61	(2)
Regulation 2790/99 and vertical agreements	63	(2)
First component: agreements and concerted practices
General	65	(1)
Agreements
Broad interpretation of the concept `agreement'	66	(2)
Concurrence of wills---irrelevance of the form of the agreement	68	(1)
Concurrence of wills---irrelevance of implementation	69	(1)
Concurrence of wills---agreement by tacit acquiescence	70	(3)
Volkswagen I and II	73	(4)
Bayer (adalat)	77	(6)
Summary	83	(3)
Concerted practice	86	(1)
Definition	87	(2)
Application to vertical relations	89	(2)
Second component: two or more undertakings
General	91	(1)
The concept of `undertaking'
Definition	92	(2)
The performance of an economic activity	94	(3)
No need for legal incorporation	97	(1)
Public bodies	98	(3)
Services of general economic interest	101	(2)
Non-undertakings on the basis of the solidarity principle	103	(1)
The requirement of more than one undertaking
General	104	(1)
Intra-group agreements	105	(6)
No limit on the number of contracting undertakings	111	(1)
Third component: undertakings operating at a different level of the production or distribution chain	112	(3)
Fourth component: agreements or concerted practices which relate to the conditions under which the parties may purchase, sell, or resell certain goods or services	115	(1)
Vertical agreements covered by block exemptions prior to Regulation 2790/99	116	(3)
Vertical agreements covered by Regulation 2790/99	119	(4)
Third Question: Vertical Restraints
Introduction	123	(2)
De Minimis Notice Market share thresholds
Definition	125	(2)
Different approaches towards the appreciability concept	127	(1)
Combined market share for competitors and individual market shares for non-competitors	128	(2)
Cumulative foreclosure effects	130	(2)
Temporary crossing of market share thresholds	132	(2)
Hardcore restrictions	134	(3)
Case-by-case assessment of the restrictive object or effect	137	(1)
Restrictive object or effect	138	(4)
Appreciable restriction of competition	142	(2)
Appreciable restriction of competition by object	144	(2)
Appreciable restriction of competition by effect	146	(9)
Ancillary restraints
The concept of ancillary restraints	155	(1)
Conditions for the ancillary nature of certain restraints	156	(1)
Ancillary restraints v Article 81(3) EC analysis	157	(1)
Ancillary vertical restraints in a horizontal or a purely vertical context	158	(3)
Objective justification
Concept of objective justification	161	(2)
Scope and conditions of objective justification	163	(4)
Objective Justification and Dominance	167	(6)
Fourth Question: The Applicability of Other Block Exemption Regulations
Introduction	173	(5)
The relationship with the block exemption regulations on horizontal co-operation agreements
General	178	(2)
The Relation between Regulations 2658/2000 and 2790/99 The limits to the scope of application of Regulation 2790/99	180	(1)
The scope of application of Regulation 2658/2000	181	(8)
The Relation between Regulations 2659/2000 and 2790/99
The limits to the scope of application of Regulation 2790/99	189	(1)
The scope of application of Regulation 2659/2000	190	(5)
The relation with the technology transfer block exemption regulation
General	195	(1)
The relation between Regulations 772/2004 and 2790/99
The limits to the scope of application of Regulation 2790/99	196	(1)
The scope of application of Regulation 772/2004	197	(5)
Agreements concerning different levels of trade	202	(4)
The relation with the motor vehicle distribution block exemption regulation	206	(3)
Fifth Question: Market Share Limit
Introduction	209	(11)
Relevant markets
Definition of the relevant product and geographic market	220	(3)
Relevant market---market share of the supplier
General	223	(2)
Relevant product market rule (1): substitutability for input products from a buyer's perspective	225	(2)
Relevant product market rule (2): substitutability for final products from a final consumer's perspective	227	(1)
Exception to relevant product market rule (2): substitutability for a portfolio of final products from a buyer's perspective	228	(1)
Relevant product market rule (3): as a rule, the distribution form is irrelevant	229	(2)
Relevant geographic market	231	(1)
Relevant market---market share of the buyer	232	(3)
Relevant market---multi-party agreement at different levels of trade	235	(3)
Relevant market---portfolio of products distributed through the same distribution system	238	(2)
Relevant market---secondary products	240	(8)
Calculation of market shares	248	(1)
Market share in value and market share in volume	249	(1)
Market share in value	250	(1)
Market share in volume	251	(1)
Market data relating to the preceding calendar year	252	(2)
Market share of connected undertakings, joint ventures, cases of dual distribution, and intra-group sales
Connected undertakings	254	(3)
Joint ventures	257	(1)
Dual distribution	258	(1)
Intra-group sales	259	(1)
Market share and captive or in-house production	260	(1)
Practical examples	261	(6)
Sixth question: the role of intellectual property rights
Introduction	267	(4)
First condition: IPRs as part of a vertical agreement	271	(4)
Second condition: IPRs assigned to, or for use by, the buyer	275	(1)
Third condition: IPRs which do not constitute the primary object of the agreement	276	(2)
Fourth condition: IPRs which are directly related to the use, sale, or resale of goods or services	278	(3)
Fifth condition: IPRs which do not contain restrictions of competition having the same object or effect as vertical restraints which are not exempted	281	(3)
Trademarks, copyright, and know-how	284	(1)
Trademarks	285	(1)
Copyright	286	(2)
Know-how	288	(3)
Seventh Question: Agreements Between Competitors and Agreements Entered into by an Association of Undertakings	291
Agreements between competitors
The rule: exclusion from the scope of Regulation 2790/99	292	(4)
The exception: agreements between competitors within the scope of regulation 2790/99
Conditions	296	(2)
Turnover limit	298	(2)
Dual distribution	300	(2)
Agreements entered into by an association of undertakings	302
Territorial Scope of Application of Regulation 2790/99	1	(1)
Addressees of Regulation 2790/99	2	(3)
Territorial Application of the Prohibition of Article 81(1) EC and Regulation 2790/99
Vertical agreements which restrict competition in the EEA	5	(1)
Vertical agreements on exports outside or re-importation from outside the EEA	6	(9)
Vertical agreements with hardcore restrictions	15
Application in Time of Regulation 2790/99	1	(380)
Hardcore Restrictions
Hardcore Restrictions as `Object'	1	(9)
Different views on the `object' concept	4	(2)
Direct imposition of hardcore restrictions	6	(1)
Indirect imposition of hardcore restrictions	7	(3)
Territorial Scope of Application	10	(1)
Article 4(a)---Vertical Price Fixing
The principle of the prohibition of vertical price fixing	11	(3)
Elimination or reduction of intra-brand competition	14	(1)
Price transparency---horizontal collusion	15	(4)
Different types of vertical price fixing
Direct price fixing	19	(2)
Indirect price fixing	21	(1)
Price monitoring	22	(3)
Recommended and maximum prices	25	(6)
Article 4(b)---Territorial and Customer Restrictions	31	(80)
The rule of the prohibition of customer and territorial restrictions	35	(1)
Restrictions imposed on buyers and resellers	36	(1)
Restrictions applying in the EEA	37	(1)
Direct customer restrictions	38	(1)
Indirect customer restrictions	39	(3)
Objective justification for customer restrictions	42	(1)
First exception: restrictions on active sales
General	43	(3)
Definition of active and passive sales
Active sales	46	(2)
Passive sales	48	(1)
Active v passive sales	49	(2)
Sales via the Internet	51	(3)
Restrictions on active sales prior to Regulation 2790/99	54	(7)
Restrictions on active sales according to Regulation 2790/99	61	(1)
First and second conditions: exclusivity and the parallel Imposition of an active sales restriction	62	(13)
Third condition: no limitation of sales by the customers of the buyer	75	(9)
Practical solutions	84	(2)
Restrictions on active sales to an exclusive customer group according to Regulation 2790/99	86	(3)
Direct sales by the supplier	89	(6)
Location clauses	95	(1)
Second exception: customer restrictions imposed on wholesalers	96	(3)
Third exception: restriction of sales to unauthorized distributors in the context of a selective distribution system	99	(3)
Fourth exception: restrictions on the resale of components	102	(8)
Final comments on the exceptions regarding the prohibition of territorial and customer restrictions	110	(1)
Territorial and Customer Restrictions in the Context of a Selective Distribution System
General	111	(5)
Location clauses	116	(4)
Combining exclusive and selective distribution	120	(4)
Restrictions on the Sale of Spare Parts	124
The Non-compete Obligation
Definition
The non-compete obligation---a broad definition	1	(4)
The non-compete obligation---a narrow definition	5	(3)
The exclusive purchase obligation	8	(5)
Conditions Applicable to Non-Compete Obligations
Non-compete obligations during the term of the agreement	13	(1)
Indefinite duration	14	(1)
Tacit renewal	15	(2)
Express renewal	17	(3)
Exception	20	(3)
The non-compete obligation after termination of the agreement	23	(7)
Non-compete obligations imposed on members of selective distribution systems	30	(3)
Consequences if the Conditions Are Not Met
The severability principle	33	(1)
Consequences for the relevant provision	34	(1)
The Delimitis test	35	(6)
Consequences for the remaining provisions	41
Frequently Used Distribution Formulas
Introduction	1	(3)
Exclusive distribution	4	(12)
Territorial protection
Territorial protection against the supplier	5	(2)
Territorial protection against other distributors	7	(1)
Territorial restrictions	8	(2)
Customer restrictions	10	(3)
Non-compete obligation	13	(1)
Exclusive purchasing	14	(2)
Non-Exclusive Distribution
Territorial protection
Territorial protection against the supplier	16	(2)
Territorial protection against other distributors	18	(1)
Territorial restrictions	19	(2)
Customer restrictions	21	(2)
Non-compete obligation	23	(1)
Exclusive purchasing	24	(1)
Selective Distribution	25	(13)
Territorial protection
Territorial protection against the supplier	28	(1)
Territorial protection against other members of the selective distribution system	29	(2)
Territorial restrictions	31	(2)
Customer restrictions
End-users	33	(1)
Resellers	34	(1)
Non-compete obligation	35	(2)
Exclusive purchasing	37	(1)
Franchising
General	38	(2)
Importance of Article 2(3) of Regulation 2790/99	40	(1)
Commercial franchising	41	(1)
Industrial franchising	42	(2)
Territorial protection
Territorial protection against the supplier	44	(1)
Territorial protection against other franchisees	45	(1)
Territorial restrictions	46	(1)
Customer restrictions	47	(1)
Non-compete obligation	48	(2)
Exclusive purchasing	50	(2)
Agency
Introduction	52	(1)
Agency under the Regulation	53	(2)
Agency under the Guidelines	55	(1)
Commercial Agency Directive	56	(3)
Agency agreements in the case law of the court of justice	59	(4)
Agency agreements under the Guidelines
Introduction	63	(3)
The distinction between genuine and non-genuine agency agreements	66	(5)
Costs of supply (or purchase), including transportation	71	(1)
Sales promotion	72	(1)
Stocks	73	(1)
Service	74	(1)
Investments	75	(1)
Product liability	76	(1)
Liability for non-performance by the customer	77	(3)
Consequences of the distinction between genuine and non-genuine agency agreements	80	(4)
Clauses defining the price and other conditions of sale	84	(4)
Territorial protection
Territorial protection against the principal	88	(2)
Territorial protection against the principal's other agents	90	(1)
Territorial restrictions	91	(3)
Customer restrictions	94	(1)
Non-compete obligation	95
Subcontracting Agreements
Introduction	1	(4)
Legal Framework	5	(7)
Subcontracting Between Competitors
Methodology: six questions	12	(1)
First question: does the subcontracting agreement come within the scope of Article 81(1) EC?	13	(1)
Second question: does the subcontracting agreement appreciably restrict competition in the sense of Article 81(1) EC?	14	(2)
Third question: is the subcontracting agreement a technology transfer agreement covered by the TTBER?	16	(4)
Fourth question: is the subcontracting agreement a unilateral specialization agreement covered by Regulation 2658/2000?	20	(2)
Fifth question: is the subcontracting agreement covered by Regulation 1400/2002 or Regulation 2790/99?	22	(3)
Sixth question: are the restrictions of competition which the subcontracting agreement contains enforceable according to the Horizontal Guidelines?	25	(1)
Foreclosure problems	26	(2)
Spill-over effects	28	(4)
Subcontracting Between Non-Competitors
Methodology	32	(1)
First question: does the subcontracting agreement come within the scope of Article 81(1) EC?	33	(1)
Second question: does the subcontracting agreement appreciably affect competition in the sense of Article 81(1) EC? General	34	(1)
Subcontracting between non-competitors according to the Horizontal Guidelines	35	(2)
Subcontracting between non-competitors according to the Subcontracting Notice	37	(7)
Subcontracting agreements between non-competitors according to the De Minimis Notice	44	(3)
Third question: is the subcontracting agreement a technology transfer agreement covered by the TTBER?	47	(3)
Fourth question: is the subcontracting agreement covered by Regulation 1400/2002 or Regulation 2790/99?	50	(1)
The regime of Regulation 2790/99	51	(3)
The regime of Regulation 1400/2002	54	(3)
Fifth question: are the restrictions of competition which the subcontracting agreement contains enforceable pursuant to the (Vertical) Guidelines?	57	(1)
Concluding remarks	58
Disapplication and Withdrawal
Introduction
Block exemption	1	(1)
Corrective measures	2	(1)
Disapplication
Parallel networks	3	(1)
The 50% rule	4	(1)
Transition period	5	(1)
No retroactive effect	6	(1)
Disapplication by Commission regulation	7	(1)
Withdrawal
Individual agreements	8	(1)
Withdrawal by Commission decision	9	(1)
No retroactive effect	10	(1)
Inapplicability to future agreements	11	(1)
Withdrawal procedure	12
III. VERTICAL AGREEMENTS OUTSIDE THE SCOPE OF REGULATION 2790/99
Vertical Agreements for Companies with a Large Market Share
Introduction	1	(5)
Frequently Used Distribution Formulas	6	(16)
Exclusive distribution	9	(2)
Non-exclusive distribution	11	(2)
Quantitative selective distribution	13	(4)
Qualitative selective distribution	17	(2)
Franchising	19	(2)
Agency	21	(1)
Assessment of Individual Vertical Restraints
Structure	22	(1)
General principles	23	(1)
No individual exemption for hardcore restraints	24	(3)
Abuses of dominance not eligible for an individual exemption	27	(2)
Market power as central concept	29	(4)
Distinction between the reduction of inter-brand
Competition v intra-brand competition	33	(1)
Summary	34	(2)
Methodology for assessment	36	(2)
Territorial protection	38	(1)
Competitive concerns	39	(1)
Reduction of intra-brand competition	40	(1)
Foreclosure of the purchase market	41	(1)
Facilitating collusion	42	(1)
Market partitioning	43	(1)
Measurement of restrictive intensity	44	(1)
Market characteristics	45	(1)
Features of the vertical restraint	46	(1)
Efficiencies	47	(1)
Free-rider problem	48	(3)
Certification free-rider issue	51	(1)
Hold-up problem	52	(1)
Economies of scale	53	(1)
Concrete guidance	54	(1)
Territorial restrictions	55	(1)
Competitive concerns	56	(1)
Measurement of restrictive intensity	57	(1)
Market characteristics	58	(1)
Features of the vertical restraint	59	(1)
Efficiencies	60	(1)
Concrete guidance	61	(1)
Exclusive customer allocation	62	(2)
Competitive concerns	64	(2)
Measurement of restrictive intensity
Market characteristics	66	(1)
Features of the vertical restraint	67	(1)
Efficiencies	68	(1)
Concrete guidance	69	(3)
Customer restrictions	72	(1)
Protection of customers allocated to other distributors	73	(2)
Selective distribution	75	(1)
Non-compete obligations and quantity forcing on the distributors	76	(1)
Competitive concerns	77	(1)
Foreclosure of the market	78	(1)
Facilitating collusion	79	(1)
Reduction of inter-brand competition	80	(1)
Measurement of restrictive intensity	81	(1)
Market characteristics	82	(7)
Features of the vertical restraint	89	(3)
Efficiencies	92	(1)
Free-rider problem	93	(1)
Hold-up problem	94	(1)
Specific hold-up problem	95	(1)
Economies of scale	96	(1)
Capital market imperfections	97	(1)
Concrete guidance	98	(1)
Exclusive supply and quantity forcing on the supplier	99	(3)
Competitive concerns	102	(1)
Measurement of restrictive intensity	103	(1)
Market characteristics	104	(6)
Features of the vertical restraint	110	(1)
Efficiencies	111	(1)
Concrete guidance	112	(1)
Exclusive purchasing	113	(1)
Competitive concerns	114	(2)
Measurement of restrictive intensity	116	(1)
Market characteristics	117	(2)
Features of the vertical restraint	119	(1)
Efficiencies	120	(1)
Concrete guidance	121	(1)
Combinations of Vertical Restraints	122
Exclusive distribution and territorial restrictions	124	(1)
Exclusive distribution and non-compete obligation	125	(2)
Exclusive distribution and exclusive purchasing	127	(2)
Selective distribution and non-compete obligation	129	(1)
Selective distribution and exclusive distribution	130	(2)
Selective distribution and exclusive customer allocation	132	(1)
Exclusive supply and non-compete obligation	133
IV. MOTOR VEHICLE DISTRIBUTION UNDER REGULATION 1400/2002
The Motor Vehicle Distribution Block Exemption
Introduction
Historical background	1	(1)
A more economic and less prescriptive approach	2	(7)
Aims of Regulation 1400/2002: radical promotion of intra-brand competition	9	(4)
Structure of Regulation 1400/2002	13	(2)
Article 3	15	(4)
Article 4	19	(1)
Article 5	20	(1)
Articles 6 to 12	21	(1)
Scope of Application
Type of agreements covered	22	(2)
Applicability of Article 81(1) EC	24	(7)
Vertical agreements	31	(5)
Purchase, sale, or resale	36	(1)
The relevant goods and services	37	(1)
New motor vehicles	38	(3)
Spare parts for motor vehicles	41	(5)
Repair and maintenance services for motor vehicles	46	(1)
Territorial scope of application	47	(1)
Application ratione temporis	48	(2)
Distribution Formulas	50	(38)
Calculation of market shares	52	(1)
Definition of relevant markets	53	(3)
Motor vehicles	56	(7)
Spare parts	63	(2)
Repair and maintenance services	65	(1)
Calculation method	66	(7)
Distribution formulas: general overview of possibilities	73	(4)
Distribution formulas: definition	77	(1)
Selective distribution: general	78	(3)
Qualitative selective distribution	81	(3)
Quantitative selective distribution	84	(2)
Distribution formulas other than selective distribution	86	(2)
Conditions of the Block Exemption
General	88	(2)
Transfer rights	90	(9)
Term and termination	99	(6)
Dispute resolution	105	(4)
Hardcore Restrictions
General	109	(3)
Hardcore restrictions concerning the sale of new motor vehicles, repair and maintenance services, or spare parts	112	(1)
Vertical price fixing	113	(2)
Territorial and customer restrictions	115	(3)
Territorial restrictions	118	(1)
Customer restrictions	119	(1)
Practical implications	120	(1)
Prohibition of registration requirement	121	(1)
Repair, warranty, free servicing, recal	122	(2)
Ordering and delivery systems	124	(1)
Sales targets	125	(1)
Bonuses on cross-supplies	126	(1)
Intermediaries	127	(1)
Leasing companies	128	(1)
Hardcore restrictions only concerning the sale of new motor vehicles	129	(1)
Availability clause	130	(4)
Subcontracting repair and maintenance services	134	(7)
Hardcore restrictions only concerning the sale of repair and maintenance services and of spare parts	141	(1)
Workshop-only scenario	142	(3)
Supply of spare parts to independent repairers	145	(3)
Direct supplies by producers of parts, equipment, or tooling	148	(3)
Original spare parts	151	(1)
Spare parts of matching quality	152	(3)
Freedom of distributors or repairers to source parts from third parties	155	(4)
Trademark or logo of component supplier	159	(2)
Mandatory Access to Technical Information, Training, Tools, and Diagnostic and Other Equipment	161	(16)
Object of the access rights	163	(1)
Technical information	164	(1)
Training	165	(1)
Tools and equipment	166	(1)
Beneficiaries	167	(2)
Party subject to the obligation	169	(3)
Conditions	172	(2)
Non-discrimination	174	(1)
Prompt	175	(1)
Proportionate	176	(1)
Specific Conditions	177	(35)
Non-compete obligations	180	(1)
Standard non-compete obligation	181	(3)
Brand-specific areas	184	(1)
Separate showrooms	185	(1)
Brand-specific personnel	186	(1)
Display of full range	187	(1)
Separate entrances	188	(1)
Separate reception desks	189	(1)
Corporate identity	190	(2)
Extended non-compete obligations	192	(5)
Quasi non-compete obligations	197	(5)
Post-term non-compete obligation	202	(1)
Leasing services	203	(1)
Location clauses	204	(1)
Passenger cars and light commercial vehicles	205	(3)
Trucks and buses	208	(1)
Repair and maintenance	209	(2)
Spare parts	211	(1)
Non-Application and Withdrawal	212	(169)
Appendix 1 Commission Regulation (EC) No 2790/1999	381	(7)
Appendix 2 Commission Notice---Guidelines on Vertical Restraints (2000/C 29101)	388	(49)
Appendix 3 Commission Regulation (EC) No 1400/2002	437	(16)
Index	453