Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law And Mana > Session6 > Flashcards

Session6 Flashcards

1
Q

Distinction customs union and free trade area

A

Legal diff

Get rid of custom barriers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Custom union in France

A

Union Douanière

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Custom union

A

Tool
Step for an eco integration
No more customs barriers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Member state in a custom union

A

Agree on a common custom policy towards third countries products

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

For a device exported from a country to an other

A

Will be charged in percentage / Same rate everywhere

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When devices enter

A

Pay the duties

Benefit from the free movement of goods

Can be exported custom free

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Oldest custom union

A

Benelux 1948

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Obj of free trade area

A

Facilitate trade among neighbors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Custom barriers in FTA

A

For products originating from the area (check a certain percentage of components)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Diff between FTA and CU

A

Their approach to non treaty nations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

EEA

A

European Economin Area

Extension of the eu’s singe market to non EU member state

Internal market governed by the same rules, free movement of persons goods services and capital within the EU single market

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Members of EEA

A

Iceland
Lichtenstein
Norway

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

European law which applies to these 3 countries

A

European competition law

Law on the distribution contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Distribution agreement

A

Contract for the sale of goods

Involves service obligations promotion of the sale of the manufacturers products commitment by the distribution not to distribute competing products

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Supplier distributor relationship

A

Vertical agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Diff kind of distribution contracts

A
  • selective distribtution
  • exclusive distribution
  • exclusive purchasing
  • franchising contract
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Selective

A

No exclusivity

Selection of the best distributors to promote his brand image with criteria

Standard form contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Exclusive purchasing contracts

A

Reseller agrees to purchase the contract goods only from the other party and not from any other supplier

Not protected against competition from their resellers

Free of restrictions on the area

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

If the brand is no more successful

A

They loose everything —> risks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Industry exclusive purchasing contracts

A

Gasoline industry

Alcohol

21
Q

Exclusive distribution contracts

A

Distributor only in the marketplace = grant of exclusivity

Supplier want something in exchange

22
Q

Distributor in exclusive distribution contracts

A

Competitive Advantage

Exclusive territory

23
Q

Any distri network

A

Distort competition among distributors which have been admitted into the network and those who don’t

24
Q

Franchising contract

A

Distinction contract which allows a distributor to sell products and services under the commercial sign of the supplier

25
Q

Franchising contracts governs

A

The legal relationship between the franchise and the company

26
Q

Transfer of

A

Know how

27
Q

Franchises pay

A

Annual royalties to the franchise to have access to à know how in constant evolution

28
Q

Diff kinds of franchising contract

A
  • franchisor = manufacturer
  • franchisor = distributor with à know how in selecting products
  • services : marketing know how financial know how
29
Q

Franchising contract generally speaking

A

Uniform

Non negotiable contracts

30
Q

Issues concerning franchising

A 
Regulation 
Contractual issues relating to franchising agreements 
Liability issues 
Intellectual property 
Real estate 
Competition law
31
Q

Contractual issues

A

Pre contract discolusire requirements

Formalities

Parties right and obligations

Fees and payments

Termination

Term of agreement

32
Q

Competition law

A

Extra brand competition

Intra brand competition

33
Q

Intra brand competition

A

Competition btw the distributors of the brand

34
Q

Within the EU

A

Not possible for the one who set up the distri contract to impose a mini price

35
Q

European law

A

Wants distributor to be allowed to compete among each other

Restriction to competition not allowed

Not the case in ya

36
Q

The Sherman act

A

Anti trust

Only Focus on extra brand competition

37
Q

Competition law

A

Part of public order

38
Q

Case Yves saint Laurent

A

Imposed to its distributors to keep a stock in hand
—> impact on extra brand competition = financial effort

—> restriction to competition betw diff brands

39
Q

Art 101 paragraphe 1 TFEU

A

All agreements decisions which affect trade betw memeber states which effect the prevention restriction or distortion of competition within the common market —> prohibited

40
Q

Art 101 para 1 of if it is the case

A

Will be declared void

41
Q

Art 101 TFEU para 3

A

Exemption of prohibition if 4 cumulative conditions are fulfilled

42
Q

1st condition

A

Must improve production or distribution of goods

Promote technical or eco progress

43
Q

2nd condition

A

Economic progress has to be beneficial with the final user

44
Q

Stock in hand YSL

A

Gives eco progress

Benefit for the final user

45
Q

Stock in hand

A

Allows to have a constant access of the goods for consumers

46
Q

3rd condition

A

The restriction has to be strictly proportionate to the objective

47
Q

Ysl proportion restriction

A

Having a stock in hand of 2/3 is too much

40% enough

48
Q

4rd condition

A

Must not give the possibility of eliminating competition in respect of a substantial part of the products in question

If the xoxonractors enjoy a significant part of market shares —> limit competition

30% of market shares means that the restriction of competition not be allowed

49
Q

Why does the European Commission take actions against an eco entity?

A

European Commission = competition authority of the eu

Does it introduce regulations exception concerning competition law

Law And Mana (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions