European Union Competition Law Essay Example | Topics and Well Written Essays - 1750 words

European Union Competition Law - Essay Example It is evidently clear from the discussion that the process has to be facilitated by EU vertical agreements and guided by the Competition law between the local distributors and the producers seeking new markets. The efficient distribution accompanied with proper after and pre-sales support makes part of pro-competitive process which ends up benefiting consumers. However, the vertical agreements between distributors and producers may also lead to the continuation of market partitioning and act as barriers to new entrants whose presence would have intensified the market competition and resulted in a declining pressure on prices. Thus the vertical agreements between distributors and producers can therefore be used in a pro-competitive way so as to promote the market’s efficient distribution and integration. The differences in prices among Member States that still exists offer incentives for new companies to access markets and also form barriers against new competition. This trend is as a result of the vertical agreements and constraints being pro-competitive in most cases. Enforcement priorities, modernization and more focus being put on effects has led the Competition Law actions to shy away from such agreements and lean towards restrictive practices which it considers being more serious. Since the enactment of Regulation No. 1/2003 as well as the prior notification requirement abolition, the EU Competitive Law decisions regarding vertical agreements have been almost non-existing concerning the Court of Justice litigation on this issue. 3. Following this premises, and without including the developments of major case laws in the adaptation of the new vertical agreement framework, the Law had correctly assumed that the Regulation No. 2790/1999 had come up with a system that was working smoothly. Consequently, the Regulation No. 330/2010 gave a full exemption to particular vertical agreement categories included with new guidelines4. Vertical agreements that ar e normally concluded between limited market power companies and lack competition hardcore restrictions are normally alleged to be pro-competitive and hence are covered by generalized exemption. Cross agreements which do not qualify according to exemptions do not face automatic prohibition but included as considering the vertical agreements beneficial effects, the undertakings and turnover should not undergo different treatment. Resale Price Maintenance (RPM) The EU Competition law has had remarkable impacts on vertical agreements including the way it affects the RPM5. Most lawyers and economist have argued that the Competition Law has had pro-competitive effects on RPM in relation to vertical agreements. The Supreme Court had a take in this during the Leegin case where it ruled to its favor but with a weak majority. The Competition Law has had both anticompetitive and pro-competitive affects on RPM but the situations leading to pro-competitive effects have proved to be of great sign ificance to vertical agreements. In a situation where there the RPM is strict, free-riding problems can be easily overcome in situations where pre-sale services are offered to consumers by retailers and go ahead to impact such services on the price6. In a similar situation, another retailer may resolve on doing away with the pre-sale services, hence ends up bearing the additional costs but supplies goods at a price that is reduced by taking advantage of the other retailers move to provide pore-sale services. In other

Substantive Law Movie Review Example | Topics and Well Written Essays - 750 words

Substantive Law - Movie Review Example This paper intends to analyze from the substantive law point of view of the unfolding events within the movie â€Å"The Accused† as written by Tom Topper in 1988 (Ebert para 1-10). The movie is a description of unfortunate happenings that involve Sarah Tobias who is the accused of luring herself into the unfortunate rape ordeal and who is accused of the same. Moreover, in a rather twisty way, the case moves from her accusation and she becomes the accuser in trying to seek justice for her own misfortune. The movie therefore depicts that rape victims would stand to be accused in causing it to happen. The drunkards in the bar where she goes and drinks uncontrollably, shows the substantive sides of the legal movie through the abuse of Tobias rights. The drunkard men blamed the accused for first over-drunkard-ness after which she engaged in provocative dance, which leads to her rape. Under the substantive law provisions, the public (represented by the people who were drinking withi n the bar at the time of the happening) had the right to disciplined dance by the accused, which was not observed when the accused engaged in dancing provocatively. On the other hand, the accused had the right to personal security as against the assault through rape and jeering by the drunkards in the bar. ... Moreover, while drunk, the accused disrupts the peace of the customers who were enjoying themselves in the bar through indecent dances, which provoked the men to rape her. This was therefore offensive and the accused would be rightfully accused under the criminal law of engaging in risky behavior in the public. On her side as the defendant, Sarah would argue that she was entitled to taking alcohol in the bar just as any other adult person was. She would justify her dance with the fact that though she was drunk, she was allowed by the law to dance and as such, she was not responsible for any possible offence she would cause the other people through her dance. She was therefore not rightfully being accused for being the cause to her rape but rather, the rapists should have been accused for physically assaulting her and emotionally hurting her through the chanting and the jeers, which encouraged her perpetrators to continue with harassing her. On the other side of the case was the accus ed accusing the rapists of causing physical and emotional harm to her through the rape as well as the jeers and the chants. With the plaintiff deciding to lower the charges against the accused in the cases for â€Å"aggravated assault,† the complainant feels rather assaulted in that the case involved had the magnitude of brutal rape in front of other people. The court under the substantive law framework had the responsibility to treat the case with the seriousness of such a crime against the complainant’s rights and freedoms. The complainant’s argument was therefore that though she as a woman who acted indecently in the bar had the right to say no to the atrocities and be heard which was not