Unilateral refusal to supply: An agreement in disguise?
Publikation/Tidskrift/Serie: European Competition Law Review
From a company perspective it is easier to develop a marketing strategy within a company than to arrange it in collaboration with others. Internal affairs can be controlled but agreements are left to the discretion of authorities. European competition policy suffers from a system failure discriminating against vertical agreements in favor of integrated organizations. Non-dominant companies should in principle be allowed to unilaterally decide its business strategy as there are alternatives. It is also important to distinguish the unilateral activity from collaboration. This article reviews the Bayer Adalat case and discusses and the border-line question – collaboration or unilateral activity.
- civilrätt: EU Competition law
- private law: competition law
- Unilateral restrictions
- contract law
- agreements in disguise
- Adalat case.