The Master's thesis provides readers with a basic analysis of Commission Regulation 330/2010. The mentioned regulation confers a benefit of the so called block exemption on broad spectrum of vertical agreements including in this context also certain agreements among competing undertakings. Since agreements enjoying the benefit of the block exemption are presumed to meet criteria stipulated in Article 101 (3) TFEU, the block exemption eliminates legal uncertainty which undertakings whose agreements distort competition within the meaning of Article 101 (1) TFEU would otherwise face. It follows that it is not necessary to examine such agreements on its merits. Thus, transaction costs are reduced. Structure of the thesis is chosen so that it reflects three main questions concerning applicability of the block exemption, namely whether (i) an agreement falls within the scope of Commission Regulation 330/2010, whether (ii) it contains black clauses (hard-core restrictions) and whether (iii) it contains (non-severable) grey clauses. After a brief description of wider connections and general issues in Chapter One, in Chapter Two the thesis deals with the scope of Commission Regulation 330/2010 with respect to the notion of vertical agreement, the role of intellectual property rights, the treatment of...

Broulík in his Master's Thesis sets his goal to analyse the automobile sales sector. He focuses mainly on the situation of automobile dealers. He depictures the contemporary development of automobile sales in the Czech Republic and in the world. He observes the impacts of the world economic crisis on automobile producers and dealers. He closer addresses the Škoda brand sales network which he uses to illustrate his findings. On the basis of the analysis of the automobile sales sector he establishes its particularities which he categorizes as supplier -- dealer relation particularities, sector particularities and dealer -- consumer relation particularities. Broulík assesses the current block exemption and compares it with the legal regime which will apply to the automobile sales sector in EFTA from the 1st June 2013. He concludes that the current block exemption suits the established sector particularities better. He however closes that neither the automobile producers' ascendancy over dealers nor many other sector particularities should be treated through economic competition legal regulation.

<p>On 1 June 2010, a new Block Exemption Regulation (BER) and new Guidelines that affect the practical use of selective distribution systems enter into force. The BER exempts vertical agreements, such as selective distribution agreements, from the prohibition of Article 101 (1) TFEU. It is significant for individual market players to obtain knowledge of what impact the new BER and the new Guidelines have for the practical use of selective distribution systems.</p><p>The Commission has amended the new BER and the new Guidelines in the light of the development the last decade. Two main changes are noticed that affect the content of the new legislative documents. Firstly, it is established that many distributors have obtained larger market shares. Secondly, it is stated that Internet sales have increased largely. The basic principles of the new versions of the BER and the Guidelines are identical with the former versions but the present changes are although noticeable for companies and their selective distribution systems.</p><p>The new BER contains a new market share rule that is more restrictive than the corresponding rule in the former BER. However, the new market share rule is not an expression of a less tolerant approach towards selective distribution systems; rather an amendment necessary due to the development of distributors’ market shares.</p><p>The growth of distribution in the Internet the last ten years is reflected in the new Guidelines. The Commission’s approach towards the Internet as a distribution method seems in general to be positive. It is noticeable that the Commission wants that parties of selective distribution agreements shall be able to benefit from all the positive effects of online sales at the same time as the Commission tries to preserve the positive effects of selective distribution.</p><p>This thesis describes and examines the practical use of selective distribution systems. Different reasons for companies to use selective distribution systems and effects of the new BER and Guidelines are in particular examined.</p>

On 1 June 2010, a new Block Exemption Regulation (BER) and new Guidelines that affect the practical use of selective distribution systems enter into force. The BER exempts vertical agreements, such as selective distribution agreements, from the prohibition of Article 101 (1) TFEU. It is significant for individual market players to obtain knowledge of what impact the new BER and the new Guidelines have for the practical use of selective distribution systems. The Commission has amended the new BER and the new Guidelines in the light of the development the last decade. Two main changes are noticed that affect the content of the new legislative documents. Firstly, it is established that many distributors have obtained larger market shares. Secondly, it is stated that Internet sales have increased largely. The basic principles of the new versions of the BER and the Guidelines are identical with the former versions but the present changes are although noticeable for companies and their selective distribution systems. The new BER contains a new market share rule that is more restrictive than the corresponding rule in the former BER. However, the new market share rule is not an expression of a less tolerant approach towards selective distribution systems; rather an amendment necessary due to the development of distributors’ market shares. The growth of distribution in the Internet the last ten years is reflected in the new Guidelines. The Commission’s approach towards the Internet as a distribution method seems in general to be positive. It is noticeable that the Commission wants that parties of selective distribution agreements shall be able to benefit from all the positive effects of online sales at the same time as the Commission tries to preserve the positive effects of selective distribution. This thesis describes and examines the practical use of selective distribution systems. Different reasons for companies to use selective distribution systems and effects of the new BER and Guidelines are in particular examined.

Der Automobilsektor ist derzeit einer der wichtigsten Industriezweige in Europa. Ca. 2,2 Millionen Mitarbeiter sind direkt, weitere 9,8 Millionen indirekt darin beschäftigt (sechs Prozent aller Beschäftigten in Europa) und erwirtschaften mit einem Umsatz von ca. € 780 Milliarden im Jahr einen bedeutenden Teil des europäischen Bruttoinlandprodukts (BIP). Auch aus Sicht der Konsumenten ist das Auto für 80 % der Europäischen Haushalte, die ein Auto besitzen, aus dem täglichen Leben nicht mehr weg zu denken. Die europäischen Staaten beziehen ca. € 380 Milliarden ihrer Steuereinnahmen aus der Automobilindustrie. Damit haben sowohl Staaten, Konsumenten als auch die Automobilindustrie ein gewichtiges Interesse am Florieren der Branche. Die Schattenseite der Automobilindustrie sind die CO2-Emissionen, die mit 20 % (der Anteil lag 1970 bei 12 %) aller CO2-Emissionen in Europa einen wesentlichen Teil zum Klimawandel beitragen, Tendenz steigend. So haben im Lauf der vergangenen Jahre mehr und mehr Staaten ihre Besteuerung der Pkw explizit oder implizit nach Umweltstandards ausgerichtet. Damit soll das Autofahren verteuert oder eingeschränkt und / oder die Nutzung von schadstoffarmen Pkw gefördert werden. Neben den Klimaschutz verfolgt die Europäische Union (EU) das Ziel, einen einheitlichen europäischen Binnenmarkt zu schaffen. Durch den Mangel an verbindlichen EU-Richtlinien im Bezug auf Abgaben, haben die Gesetze, Steuern und Abgaben auf einzelstaatlicher und regionaler Ebene ein kaum mehr zu überschauendes Maß angenommen, da Im Rahmen des Subsidiaritätsprinzips die Mitgliedsländer weiterhin ihr Steuersystem überwiegend autonom gestalten, sofern dies im Einklang mit bestimmten europaweiten Vorgaben steht. Dies führt zu einem sehr heterogenen Steuersystem, das gerade im Bereich des Verkehrs bedeutende Markteffekte (z. B. höhere Zulassungszahlen für Diesel betriebene Pkw oder kürzere Haltedauern) nach sich zieht. Europaweit einheitlich sind lediglich Regelungen zu Wettbewerbsbeschränkungen. Es lassen sich nach wie vor viele Beispiele für Marktverzerrungen und die Heterogenität der Steuersysteme in Europa finden: Marktverzerrungen und Wettbewerbsbeschränkungen zeigen sich bei Fahrzeugpreisen, die in Europa stark variieren. Beispielsweise kosten in Dänemark Pkw bis zu 37 % weniger als in Deutschland. Diese Arbeit untersucht und vergleicht die Abgaben auf den Erwerb, den Besitz und die Nutzung von Pkw in den EU-Ländern sowie Norwegen und der Schweiz sowohl systematisch als auch quantitativ. Zur quantitativen Analyse wurde eine Datenbank mit den zur Steuerberechnung notwendigen Informationen erstellt. Darunter sind beispielswiese: Steuersätze und –tarife, Fahrzeugdaten, Kraftstoffpreise, Instandhaltungskosten, Versicherungsbeitrage, Wechselkurse und der durchschnittliche Wertverlust der Fahrzeuge. Darauf und auf bestimmten Annahmen basierend wurden die absoluten Abgaben für repräsentative Fahrzeuge in den verschiedenen Ländern berechnet. Besonderes Augenmerk gilt der CO2-orientierten Besteuerung, die in 17 Ländern (zumindest teilweise) eingeführt wurde. Diese Arbeit betrachtet auch andere, d. h. nicht fiskalische Maßnahmen der Europäischen Union zur CO2-Reduzierung, vergleicht diese mit alternativen Instrumenten, und analysiert die Wirkung unterschiedlicher Besteuerung auf den Pkw-Binnenmarkt, z. B. den Einfluss von Abgaben auf die europäischen Automobilpreise und damit auf Arbitrageeffekte. Es zeigt sich, dass die Besteuerung in Europa sowohl in der Abgabenhöhe als auch konzeptionell in der Vielzahl der Bemessungsgrundlagen und Steuertarife sehr heterogen ist und maßgeblich zu den sehr unterschiedlichen Gesamtkosten der Pkw-Nutzung beiträgt. Die relative Abgabenlast ist in einkommensstarken Ländern Westeuropas nicht hoch genug, um den Kraftstoffverbrauch spürbar zu reduzieren. Aus dem gleichen Grund ist von der CO2-orientierten Novellierung der deutschen Kfz-Steuer kein ausreichender Kaufanreiz zugunsten effizienterer Fahrzeuge zu erwarten. Die in der Vergangenheit von der Europäischen Union eingeführten Instrumente zur Reduzierung von CO2-Emissionen aus dem Straßenverkehr führten nicht zu den erwünschten Emissionsverringerungen. Die jüngste Maßnahme der Europäischen Union, den Automobilherstellern Emissionsgrenzen vorzuschreiben, ist weder effektiv noch effizient. Im letzten Jahrzehnt haben sich die Automobilpreise in Europa zwar etwas angeglichen. Dies liegt weniger an einer Angleichung in der Besteuerung als an der schrittweisen Liberalisierung des europäischen Automobilmarktes und den Novellierungen der Gruppenfreistellungsverordnung. / The automotive industry is currently one of the most important industries in Europe. Approximately 2.2 million people are directly employed in this industry, and an additional 9.8 million jobs indirectly depend on it. This represents 6 percent of all jobs in Europe. A significant amount of Europe’s gross domestic product is generated in this sector which produces a turnover of approximately € 780 billion per year. Governments, consumers and car manufacturers have a significant interest in a flourish automotive industry: 80 % of all European households own a car and rely on it in their day to day life and the European member states are collecting approximately € 380 billion in tax revenue from the automotive industry. One of the problems caused by the automotive sector are the carbon dioxide (CO2) emissions and their impact on the environment. 20 % of all CO2 emissions in Europe are currently caused by cars, being a major contributor to climate change. The contribution has increased from 12% in 1970 and is expected to grow even further in the future. Consequently, several countries recently introduced taxes that consider carbon emissions with the aim to reduce the use of cars, or to incentivise the use of more fuel efficient vehicles. The automotive sector is not only relevant for the European Union’s (EU) climate policy, but for its broader goal to ensure a functioning internal market with free movement of people, goods, services, and capital. However, the degree to which a free internal market can be achieved also depends on the homogeneity of the tax system throughout the EU. To date, taxes and other duties are still very heterogeneous across the EU, due to the lack of binding regulations and directives with respect to taxes – in accordance with the principle of subsidiarity embedded in the Maastricht treaty. These differences affect the automotive sector, for example in terms of demand for diesel cars, or the average number of years that a car is used. More importantly, market distortions can still be observed in the automotive sector: Heterogeneous tax systems lead to vastly different car prices within the EU, e.g. cars are up to 37% cheaper in Denmark than in Germany. This study compares and analyses - both quantitatively and qualitatively - taxes and duties on cars in connection with their purchase and registration, ownership and tenure as well as use. The analysis covers all 27 EU member countries, Switzerland and Norway. For the quantitative analysis, a software based database and simulation tool was developed. This tool contains all relevant data, such as tax rates, tax scales, car characteristics, fuel prices, car maintenance costs or depreciation rates. The simulation tool uses the data to calculate taxes and duties for a number of specific cars models (selected representatively covering all segments) for each of the 29 countries, relying on certain assumptions where necessary. The analysis focuses particularly on taxes introduced to reduce the CO2 emission of cars in the EU, namely CO2 based taxes of motor vehicles, which have been introduced in 17 of the 29 countries. This thesis also considers other, non fiscal measures of the EU that are designed to reduce CO2 emis¬sions of cars. These measures are subsequently analysed and compared to other instruments in order to understand the impact of different taxation models on the European internal car market, for example, with respect to car prices in the EU and hence potential for arbitrage. The thesis demonstrates that material differences in taxation of cars exist, both regarding the total amount of taxes levied in similar circumstances, but also regarding the underlying concepts and bases for assessment. This heterogeneity results in vastly different costs of purchasing, owning and driving a car. In the relatively wealthy countries in Western Europe, costs are not sufficiently high to have a notable impact on the consumption of fuel. This is also why the new German tax on car ownership, although based on the average fuel consumption, is not expected to create a significant incentive for consumers to buy more fuel efficient cars. Similarly, the EU measures to reduce CO2 emissions of car usage failed to deliver the desired outcomes. The most recent instrument of the EU, prescribing emission thresholds for car manufacturers, is neither effective nor efficient. The thesis also shows that during the last ten years car prices in the countries of Europe have converged. However, this is less due to the increasing similarities in taxation, but instead due to the gradual liberalisation of the European car market and the renewal of the block exemption for the motor vehicle sector.

<p>The implementation of a new motor vehicle block exemption began in 2002, and affected the car dealer industry in Sweden. Before this new regulation, a general agent distributing cars to dealers had the ability to restrict car dealers’ behavior much more. Nowadays, dealers have the right to sell different brands from the same showroom, even if there are strict rules about how the different brands should be presented. The new block exemption have also given car dealers possibilities to establish in other places within EU were selective distribution is applied.</p><p>As the environment changed (by the block exemption), dealers faced new information that required interpretation. In this thesis we have focused on industrial wisdom; a reasonable and consistent, yet subjective, sense-making of reality in an industry. This sense-making is a way to understand and justify company behavior; resulting assumptions are considered so basic that they remain unquestioned by industry participants. However, interpretations depend on who makes them; different persons interpret things in different ways.</p><p>In the light of the car dealer industry and the motor vehicle block exemption 1400/2002, this thesis investigated if change due to institutional pressure can affect industrial wisdom. Further, what does this process look like.</p><p>To fulfill our purpose we conducted a qualitative research by interviewing 19 Chief Executive Officers from the car dealer industry in Sweden. The sample was designed by a maximum variation sampling technique, in which we as researchers used our own judgment to pick cases that were extra informative. Before we conducted the interviews, we reviewed literature to gain a general understanding of the industry and relevant issues.</p><p>From our research we know that industrial wisdom can change due to a shift in institutional pressure and we observed that the car dealer industrial wisdom was changing. There are some new perceptions and aspects of wisdom, which suggest that the industry has moved away from previous equilibrium. Nevertheless, perceptions are diverse in a number of areas and thoughts have not been translated into action, which leaves much potential for further change. Naturally, this is a slow and difficult process since cognitive maps are embedded in a mindset that relies on previous experience and automatic interpretations. If wisdom changes more depends<strong> </strong>a great deal on if/how dealers (continue to) act.</p><p>This thesis resulted in a model (The Loop of Wisdom) that explains how a change in institutional pressure affects industrial wisdom. New information enters the company, gets interpreted, acted upon and feeds back out to the environment, which affect other companies and the industry as a whole.</p>

The main purpose of my thesis was to describe and analyse the system of the block exemptions. Briefly, the block exemption is a kind of exemption from the prohibition under article 101 (1) TFEU because it is supposed to fulfil the criteria of article 101 (3) TFEU. It exempts certain category of agreements, which are covered by the special regulation issued by the Council or more often by the Commission. The paper is divided into seven chapters and the first opening chapters are dealing with more general aspects of block exemption: the function, process of issuing, non- application and the advent of block exemption where the regulation 1/2003 (Modernisation Regulation) should be of special attention. It abolished the regime of previous notification of agreements to the Commission. An introduction to the system of other exemptions from the prohibition under article 101 (1) TFEU is also described there. The following part (chapter 4) focuses more detailed on the kinds of block exemptions, which are divided into the vertical, horizontal and sector exemptions. The former exemptions issued by the Czech Office for the Protection of Competition are no longer applicable and therefore only the block exemptions of the EU are of the concern of this paper. Furthermore, the special competition regime of some...

<p>A buyer of a new car is often offered a various selection of warranties. A warranty can e.g. exist in the form of an extended new car warranty. However, some manufacturers demand that the car has to be serviced by an authorised repairer for the validity of an extended warranty. In the thesis I analyse whether such a contractual term is incompatible with today’s legislation and I argue for when such a term is to be seen as unfair. Contractual terms can, according to Swedish legislation, be forbidden if they are unfair to consumers or to the competitors of the one who states the terms. The term stipulating that a car has to be serviced by an authorised repairer for the continued validity of an extended warranty must also be investigated bearing in mind the block exemption for the car sector, regulation nr 1400/2002. Further, some comparison with Swedish and foreign practise within the subject is made. Briefly, my conclusion is that terms stipulating that a car has to be serviced by an authorised repairer for the continued validity of an extended warranty should be forbidden. The term has a negative effect on the competition within the after-sales market since independent repairers are not given the same possibilities to enter into competition. Furthermore, the term is unfair to the consumers since an independent repairer by means of regulation nr 1400/2002 has the same possibilities and rights to acquire with an authorised repairer equivalent knowledge of how to service a car. Owing to this, the service must be regarded as being of the same quality if performed by an independent repairer.</p>

A buyer of a new car is often offered a various selection of warranties. A warranty can e.g. exist in the form of an extended new car warranty. However, some manufacturers demand that the car has to be serviced by an authorised repairer for the validity of an extended warranty. In the thesis I analyse whether such a contractual term is incompatible with today’s legislation and I argue for when such a term is to be seen as unfair. Contractual terms can, according to Swedish legislation, be forbidden if they are unfair to consumers or to the competitors of the one who states the terms. The term stipulating that a car has to be serviced by an authorised repairer for the continued validity of an extended warranty must also be investigated bearing in mind the block exemption for the car sector, regulation nr 1400/2002. Further, some comparison with Swedish and foreign practise within the subject is made. Briefly, my conclusion is that terms stipulating that a car has to be serviced by an authorised repairer for the continued validity of an extended warranty should be forbidden. The term has a negative effect on the competition within the after-sales market since independent repairers are not given the same possibilities to enter into competition. Furthermore, the term is unfair to the consumers since an independent repairer by means of regulation nr 1400/2002 has the same possibilities and rights to acquire with an authorised repairer equivalent knowledge of how to service a car. Owing to this, the service must be regarded as being of the same quality if performed by an independent repairer.

The implementation of a new motor vehicle block exemption began in 2002, and affected the car dealer industry in Sweden. Before this new regulation, a general agent distributing cars to dealers had the ability to restrict car dealers’ behavior much more. Nowadays, dealers have the right to sell different brands from the same showroom, even if there are strict rules about how the different brands should be presented. The new block exemption have also given car dealers possibilities to establish in other places within EU were selective distribution is applied. As the environment changed (by the block exemption), dealers faced new information that required interpretation. In this thesis we have focused on industrial wisdom; a reasonable and consistent, yet subjective, sense-making of reality in an industry. This sense-making is a way to understand and justify company behavior; resulting assumptions are considered so basic that they remain unquestioned by industry participants. However, interpretations depend on who makes them; different persons interpret things in different ways. In the light of the car dealer industry and the motor vehicle block exemption 1400/2002, this thesis investigated if change due to institutional pressure can affect industrial wisdom. Further, what does this process look like. To fulfill our purpose we conducted a qualitative research by interviewing 19 Chief Executive Officers from the car dealer industry in Sweden. The sample was designed by a maximum variation sampling technique, in which we as researchers used our own judgment to pick cases that were extra informative. Before we conducted the interviews, we reviewed literature to gain a general understanding of the industry and relevant issues. From our research we know that industrial wisdom can change due to a shift in institutional pressure and we observed that the car dealer industrial wisdom was changing. There are some new perceptions and aspects of wisdom, which suggest that the industry has moved away from previous equilibrium. Nevertheless, perceptions are diverse in a number of areas and thoughts have not been translated into action, which leaves much potential for further change. Naturally, this is a slow and difficult process since cognitive maps are embedded in a mindset that relies on previous experience and automatic interpretations. If wisdom changes more depends a great deal on if/how dealers (continue to) act. This thesis resulted in a model (The Loop of Wisdom) that explains how a change in institutional pressure affects industrial wisdom. New information enters the company, gets interpreted, acted upon and feeds back out to the environment, which affect other companies and the industry as a whole.