Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-04-13-Speech-4-308"
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"en.20000413.13.4-308"2
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"Mr President, Commissioner, my colleague, Mrs Thyssen has produced some excellent work and I wish to congratulate her on it. In this connection, I myself would like to comment just on the relevant production markets and the guidelines for interpretation regarding how market share is determined, especially from the point of view of cooperation agreements in the petrol station business. These issues cause problems, at least in my home country of Finland, and in other small Member States.
Guidelines on vertical restraints should be designed to help us see clearly and accurately when the seller’s market share in the relevant product market exceeds the 30% threshold to be applied. Regarding cooperation agreements in the petrol station business, the draft guidelines to be applied do not at present take sufficiently clear account of the special features of that industry’s market and delivery agreements.
The 30% market share limit provided for under the Block Exemption regulation will cause problems relating to equal treatment for existing petrol stations, at least in Finland. Applying the new ruling might lead to situations where, for example, we will be inspecting in a different manner the contractual obligations regarding cooperation in the petrol station industry that are otherwise comparable in every respect with each other as far as their direct effects are concerned if the market share of one company exceeds the 30% threshold.
It is important to define unambiguously the relevant markets referred to in Article 3 of the Block Exemption regulation. The guidelines have not defined sufficiently precisely how the market share of a manufacturer and a wholesaler should be determined. I feel this is especially problematic.
As this is a matter of regulating the right of competition in an industry in which competition takes place among brand names, the guidelines should clearly state that calculating market shares should always involve studying each stage of delivery separately. In addition, the guidelines should indicate unambiguously that the 30% threshold in the relevant market has been calculated to take account of sales of the supplier’s own brand to the retailer or distributor."@en1
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