Unilateral refusal to supply: An agreement in disguise?

• 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.

Subject headings

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

Keyword

EU Competition law

competition law

Unilateral restrictions

contract law

agreements in disguise

Adalat case.

Publication and Content Type

art (subject category)

ref (subject category)