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Alison Jones

Explore the evolution of EU modernisation process from Green Paper to latest vertical agreements review, highlighting changes, challenges, and reforms in competition policy. Understand why modernisation was necessary and the core criticisms that led to the reform.

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Alison Jones

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  1. Alison Jones

  2. The EU Modernisation Process

  3. The Modernisation Process 1996: the journey begins with Green Paper on vertical restraints 2004: Technology transfer Regulation 1/2003 New Merger Reg 2000: new regime for horizontal cooperation agreements 2005-2009: Review of approach to abusive exclusionary conduct by dominant firms 1999: new regime for vertical agreements 2010: New Verticals Reg and GLs Review of horizontal regime

  4. Why was Modernisation necessary?

  5. Core Criticism

  6. Too many agreements were being sucked within Article 101(1) and forced into a straightjacket to satisfy Article 101(3) – treatment of agreements by category

  7. Reform of Approach to Vertical Agreements – generally welcomed

  8. Remaining problems?

  9. Remaining problems

  10. Commission’s viewObject restraints

  11. What is wrong with this position?

  12. But ...

  13. Latest review

  14. How could change happen?

  15. Reconsideration of object category?

  16. Refining the Category

  17. No per se illegality

  18. No appreciable restriction of competition?

  19. Satisfying the Art 101(3) conditions?

  20. Possible change under recent Verticals review? Changes to Vertical BER?

  21. Efficiency Defence?

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