Exclusivity Agreement Property Plc

1. Competition – Agreements, markets and cartels – Obstacle to competition – Distribution agreements which include an exclusivity clause – Assessment criteria – Accessibility of the market – Agreements the cumulative effect of which is to partition the market – Particular economic context of the agreements taken into account – Agreements for the distribution of ice-cream for direct consumption, according to which the manufacturer ran a freezer exclusively for storing his products (EC Treaty, Article 85(1) (now Article 81(1) EC) 12. Community law – Principles – Proportionality – Equal treatment – Scope – Decision finding that a network of agreements is incompatible with the competition rules and that the exclusivity clause contained therein is invalidated – Assessment of the anti-competitive effects of the network as a whole – Infringement – Step 4. Competition – Dominant position – Characterized by the maintenance of extremely large market shares (art. 86 (now art. 82 EC)) THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber), 2) Competition – Agreements, understandings and understanding – Prohibition – No rule of common sense in Community competition law (Article 85(1) and (3) (now Article 81(1) and (3) EC)). . . . .