The Proscription of Competition Restrictive Agreements and the Exclusivity Clauses in Europe, Spain and Colombia’s Antitrust Regimes (Part One)

By Ingrid S. Ortiz Baquero (Universidad Externado de Colombia)

This article describes the regulatory scheme of the competition restrictive agreements within the scope of the European Community law system. Specifically, it studies changes that have been occurred as a consequence of the reform made by the 1/2003 European regulation and it also presents an analysis about the impact that this new regulation has had over substantive aspects of restrictive conducts, in particular, vertical agreements. Taking into account these aspects mentioned before and having reviewed theories that promote the reduction of the range of application of the 81 y 82 articles of TCE, same as the harmonization of this articles with the private law principles, this document presents an explanation of the regulatory frame that contains exclusivity clauses and agreements, its concept, extension and utility for the commercial distribution contract. Additionally, the article makes a review of the economic and juridical parameters that are useful to the interpreter in order to value this kind of clauses and agreements.

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