Vertical Restraints in B2B Contracts: The Impact of Competition and Competitiveness [Вертикальные Ограничения В B2b Договорах: Воздействие На Конкуренцию И Конкурентоспособность]
Светлана Авдашева
Abstract
Светлана Авдашева
Abstract
The result of arduous development of the theory of vertical restraints has become seemingly trivial conclusion that their use may or may restrict competition, and encourage her. The main difference between the conditions of competition-restricting conditions vertical agreements from the horizontal - they ban could have a dramatically negative impact on competitiveness. That's why in the center of the global practice of antitrust prohibitions against vertical restraints is generally balanced approach. European competition law - as well as Russia - criticized for being too wide a range of prohibitions on the letter of the law (per se). However, the central problem of the use of bans in Russia is used as a sign of self-violation of the law infringement of interests of participants of the contractual relationship.
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The result of arduous development of the theory of vertical restraints has become seemingly trivial conclusion that their use may or may restrict competition, and encourage her. The main difference between the conditions of competition-restricting conditions vertical agreements from the horizontal - they ban could have a dramatically negative impact on competitiveness. That's why in the center of the global practice of antitrust prohibitions against vertical restraints is generally balanced approach. European competition law - as well as Russia - criticized for being too wide a range of prohibitions on the letter of the law (per se). However, the central problem of the use of bans in Russia is used as a sign of self-violation of the law infringement of interests of participants of the contractual relationship.
Key concepts: Vertical restraints, Competition (biology), Horizontal and vertical, Competition law, Sign (mathematics), Business, Vertical integration, International trade